Notice of Proposed Rule

DEPARTMENT OF HEALTH
Division of Disease Control
RULE NO: RULE TITLE
64D-4.002: Definitions
PURPOSE, EFFECT AND SUMMARY: This rule chapter is amended to update the effective date of the federal poverty level (FPL) from February 2008 to January 2009, to comply with the most current federal poverty level standards. The U.S. Department of Health and Human Services updates the federal poverty level annually which is used for eligibility purpose for the HIV/AIDS Patient Care Programs to better serve low-income persons living with HIV disease.
SPECIFIC AUTHORITY: 381.0011(13) FS.
LAW IMPLEMENTED: 381.001(1), 381.003(1)(c), 381.0011(5) FS.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION
120.54(6), F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: Joseph P. May, Program Administrator, Department of Health, Division of Disease Control, Bureau of HIV/AIDS, Patient Care, 2585 Merchants Row Boulevard, 3rd Floor, Room 345, Tallahassee, Florida 32399-1715
SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

THE FULL TEXT OF THE PROPOSED RULE IS:

64D-4.002 Definitions.

For the purpose of this rule chapter, the words and phrases listed below are defined in the following manner:

(1) through (8) No change.

(9) “Federal Poverty Level” (FPL) means the poverty income levels (effective January 2009 February 2008) as published by the U.S. Department of Health and Human Services (HHS), Federal Office of Management and Budget (OMB), which is incorporated by reference. The federal poverty guidelines are located on the Department of Health, Bureau of HIV/AIDS website, http://www.doh.state.fl.us/disease_ctrl/aids/care/EligibilityAdRule.html and the U.S. Department of Health and Human Services website at, http://aspe.hhs.gov/poverty/09poverty.shtml or can be obtained at any Florida county health department.

(10) through (15) No change.

This rule will become effective March 30, 2009.

Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 1-23-07, Amended 8-31-07, 3-21-08, 10-27-08, 3-30-09.