Notice of Proposed Rule

DEPARTMENT OF HEALTH
Division of Disease Control
RULE NO: RULE TITLE
64D-4.002: Definitions
64D-4.003: Eligibility and Documentation Requirements
64D-4.005: Re-Determination and Continued Eligibility
PURPOSE AND EFFECT: The purpose and effect of this amendment will be to increase the Federal Poverty Level and Cash Asset eligibility requirements for the HIV/AIDS Patient Care Programs to increase the number of person’s living with HIV disease able to access services.
SUMMARY: The proposed revisions increase the federal poverty level and cash asset limit for those persons living with HIV disease to be able to access services.
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: 381.003(1)(c) FS.
LAW IMPLEMENTED: 381.011(1), 381.003(1)(c) 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:
DATE AND TIME: July 24, 2008, 10:00 a.m.
PLACE: Prather Building, Bureau of HIV/AIDS, 2585 Merchants Row Boulevard, Room 135Q, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Suzanne Stevens, Bureau of HIV/AIDS, 4052 Bald Cypress Way, BIN A09, Tallahassee, Florida 32399-1715, (850)245-4335

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 (11) No change.

(12) “Low Income” means a person with a gross income less than or equal to 4300% of the Federal Poverty Level (FPL) as published and updated annually by the Federal Office of Management and Budget (OMB).

(13) No change.

Specific Authority 381.003(1)(c) FS. Law Implemented 381.011(1), 381.003(1)(c) FS. History–New 3-21-08, Amended________.

 

64D-4.003 Eligibility and Documentation Requirements.

The eligibility and documentation requirements for determination to receive allowable services from the HIV/AIDS Patient Care Programs include the following:

(1) through (5) No change.

(6) An applicant must have low-income with a gross income less than or equal to 4300% of Federal Poverty Level (FPL) as published and updated annually by the Federal Office of Management and Budget (OMB).

(7) An applicant cannot have cash assets greater than or equal to $2512,000.

(8) No change.

Specific Authority 381.003(1)(c) FS. Law Implemented 381.011(1), 381.003(1)(c) FS. History–New 1-23-07, Amended________.

 

64D-4.005 Determination of Continued Eligibility.

(1) through (2) No change.

(3) A client can be determined ineligible to receive services for the following reasons:

(a) A client is no longer living in the state of Florida with the intent to remain in the state.

(b) A client is eligible to receive services or participating in local, state or federal programs where the same type service is provided or available.

(c) A client is no longer considered low-income.

(d) A client’s assets exceed $2512,000.

(e) A client has not been truthful on the Re-certification Application.

(f) A client has been threatening, hostile and uncooperative towards Department staff.

Specific Authority 381.003(1)(c) FS. Law Implemented 381.011(1), 381.003(1)(c) FS. History–New 1-23-07, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Suzanne Stevens, Patient Care Program
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Joseph P. May, Program Administrator
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 23, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 6, 2008