Notice of Proposed Rule

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program
RULE NO: RULE TITLE
65A-1.704: Family-Related Medicaid Eligibility Determination Process
PURPOSE AND EFFECT: The proposed rule amendment removes the requirement for assistance groups receiving Transitional Medicaid to provide periodic reports and includes technical changes of a non-substantive nature.
SUMMARY: The proposed rule amendment removes the requirement for Transitional Medicaid recipients to file periodic reports of their income and work related child care expenses to the Department at three month intervals.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 409.919 FS.
LAW IMPLEMENTED: 409.902, 409.903, 409.904, 409.919 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: April 19, 2010, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Thomas, ACCESS Florida Program Policy, 1317 Winewood Boulevard, Building 3, Tallahassee, FL 32399-0700, (850)410-3477, Susan_Thomas@dcf.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-1.704 Family-related Medicaid Eligibility Determination Process.

(1) Public assistance staff determine eligibility for Family-related Medicaid at application, when a change in conditions of eligibility is reported, or, on not greater than a 12 month cycle. The individual or the designated representative is required to assist the Ddepartment in completing the determination or redetermination of Medicaid eligibility. Qualified designated Medicaid providers determine presumptive eligibility for pregnant women. Requests for Medicaid coverage on behalf of children in care of the Department of Juvenile Justice are made on form CF-ES 2293, Child in Care Medicaid, April 2007 March 2000 (incorporated by reference).

(2) Simplified Eligibility for Pregnant Woman.

(a) The application form for a pregnant woman applying only for Medicaid and only for herself based on pregnancy is CF-ES Form 2700, Health Insurance Application for Pregnant Woman, 10/2008 04/2007 (incorporated by reference). This form and attached information/rights and responsibilities (pages 2 & 3) (pages 3 & 4) may be used as a mail-in application form or it may be provided directly to a local Children and Family Services office, health department or other Qualified Designated Provider (QDP). Copies of the mail-in application forms may be offered to pregnant women by mail or picked up by them in health departments and other QDP sites as well as selected doctors’ offices designated by each circuit district/regional ACCESS Economic Self Sufficiency Program Office.

(b) No change.

(c)1. through 3. No change.

4. A declaration of citizenship is required. The applicant’s statement on the Health Insurance Application for Pregnant Pregant Woman, CF-ES 2700, 04/2007, is acceptable as a declaration of citizenship. U.S. citizens must provide proof of their U.S. citizenship and identity, if they are not subject to an exemption as specified in 42 C.F.R. 435.406 (2007) (incorporated by reference).

5. through 7. No change.

(d) No change.

(3) No change.

(4) Assistance groups receiving Medicaid are required to provide periodic reports at three month intervals. The recipient must provide complete information about gross income and work related child care expenses for the period of the report. The recipient’s statement of the amounts will be accepted.

(4)(5) Copies of the forms and materials incorporated by reference in this rule may be obtained are available from the ACCESS Florida Headquarter’s Office at Department of Children and Family Services, Economic Self-Sufficiency Program Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s web site at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

Rulemaking Specific Authority 409.919 FS. Law Implemented 409.902, 409.903, 409.904, 409.919 FS. History–New 10-8-97, Amended 2-7-01, 10-21-01, 4-1-03, 2-4-04, 6-26-08,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Nathan Lewis
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: George H. Sheldon
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 23, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 12, 2010