Notice of Change/Withdrawal

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program
RULE NO: RULE TITLE
65A-1.303: Assets
65A-1.707: Family-Related Medicaid Income and Resource Criteria
65A-1.712: SSI-Related Medicaid Resource Eligibility Criteria
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 53, December 31, 2008 issue of the Florida Administrative Weekly.

IF REQUESTED WITHIN 14 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 13, 2009, 1:30 p.m.

PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, FL 32399

 

TEXT OF THE PROPOSED RULE CHANGES:

 

65A-1.712 SSI-Related Medicaid Resource Eligibility Criteria.

(2) Exclusions. The department follows SSI policy prescribed in 20 C.F.R. § 416.1210 (2008) and 20 C.F.R. § 416.1218 Part 416 (2008), incorporated by reference, in determining what is counted as a resource with the following exceptions, as mandated by federal Medicaid policies, or additional exclusions, as adopted by the department under section 42 U.S.C. § 1396a(r)(2) (2006), incorporated by reference. SSI policy requires resources in a blocked account to be countable resources. This applies regardless of whether the individual or their representative is required to petition the court to withdraw funds for the individual’s care. A blocked account is one in which state law protects an individual’s funds by specifically requiring that the funds be made available for the care and maintenance of the individual.

(3) No change.

(a) The department follows the policy for transfer of assets mandated by 42 U.S.C. §§ 1396p (2006) and 1396r-5 (2006), incorporated by reference. Transfer policies apply to the transfer of income and resources.