4961761, 65G-4.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4961761

Notice of Development of Rulemaking

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Agency for Persons with Disabilities

Chapter:

SERVICE DELIVERY PRACTICE AND PROCEDURE

Overview

RULE:

65G-4.002

Service Delivery.

PURPOSE:

The purpose of the rule is to implement a four-tiered waiver system to serve clients with developmental disabilities in the developmental disabilities and family and supported living waivers. The Waiver Tiers are defined as follows:
(1) Tier One shall be limited to clients who have service needs that cannot be met in Tiers Two, Three, or Four for intensive medical or adaptive needs and that are essential for avoiding institutionalization or who possess behavioral problems that are exceptional in intensity, duration, or frequency and present a substantial risk of harm to themselves or others.
(2) Tier Two shall be limited to clients whose service needs include a licensed residential facility and greater than 5 hours per day in residential habilitation services or clients in supported living who receive greated than 6 hours per day of in-home support services. Total annual expenditures under Tier Two may not exceed $55,000 per client each year.
(3) Tier Three shall include, but is not limited to, clients requiring residential placements, clients in independent or supported living situations, and clients who live in their family home. Total annual expenditures under Tier Three may not exceed $35,000 per client each year.
(4)Tier Four is the family and supported living waiver. Tier Four shall include but not be limited to clients in independent or supported living situations and clients who live in their family home. An increase to the number of services available to clients in this tier shall not take effect prior to July 1, 2008. Total annual expenditures under Tier Four may not exceed $14,792 per client each year.
The rule will also establish the Waiver Tier Models that provide a basic description of the individuals receiving Waiver Tier services, the level and type of services for each Waiver Tier client, and a monetary cap for each Waiver Tier level of service.

SUBJECT:

Four Tier Waiver System for Servicing Clients with Developmental Disabilties.

RULEMAKING AUTHORITY:

393.501 FS. (2007)

LAW:

393.0661 FS. (2007)

PRINT PUBLISH DATE:

12/7/2007 Vol. 33/49

RELATED STATUTES
AND LAWS:

393.501 FS. (2007), 393.0661 FS. (2007)

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=65G-4.002&PDate=12/7/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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