Fla. Admin. Code Ann. R. 65G-4.015 - Eligibility for Agency Services Criteria

In order to be determined eligible for agency services the applicant must:

(1) Be at least three years of age.

(2) Be a resident of and domiciled in the state of Florida in accordance with Sections 222.17(1) and (2), F.S. Domicile may not be established in Florida by a minor who has no parent domiciled in Florida, or by a minor who has no legal guardian domiciled in Florida, or by any alien not classified as a resident alien. Dependents of active duty military personnel stationed in the state of Florida are exempt from residency and domicile requirements.

(3) Have a confirmed diagnosis of one of the following developmental disabilities as defined in this these rules, Rules 65G-4.014, 4.015, 4.016 and 4.017, F.A.C.:

(a) Autism;

(b) Cerebral palsy;

(c) Mental retardation or intellectual disability;

(d) Prader-Willi syndrome;

(e) Spina Bifida;

(f) Down Syndrome;

(g) Phelan-McDermid Syndrome, or

(h) Children between 3 and 5 years of age who are at high risk of later diagnosis of one of the disabilities listed above. Such high-risk children shall not be placed on a preenrollment category for waiver services until a confirmed diagnosis of a qualifying disability is given.

(4) DD Waiver services are only available (conditioned upon the preenrollment category) to persons who meet the requirements of 42 CFR § 435.217(b)(1) for receiving home and community-based services. It is mandatory that the determination is made that without DD Waiver services these individuals would otherwise require the level of care furnished in a hospital, nursing home, or an Intermediate Care Facility for People with Intellectual Disabilities (referred to in the CFR as an "ICF/MR").

(5) This rule shall be reviewed, and if necessary, renewed through the rulemaking process five years from the effective date.

Notes

Fla. Admin. Code Ann. R. 65G-4.015

Rulemaking Authority 393.065(10), 393.066(8), 393.501 FS. Law Implemented 393.065, 393.066 FS.

New 5-16-12, Amended by Florida Register Volume 46, Number 098, May 19, 2020 effective 6/3/2020.

New 5-16-12, Amended 6-3-20.