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The Florida Statutes

The 2023 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 393
DEVELOPMENTAL DISABILITIES
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F.S. 393.065
393.065 Application and eligibility determination.
(1) Application for services shall be made in writing to the agency, in the region in which the applicant resides. The agency shall review each application and make an eligibility determination within 60 days after receipt of the signed application. If, at the time of the application, an applicant is requesting enrollment in the home and community-based services Medicaid waiver program for individuals with developmental disabilities deemed to be in crisis, as described in paragraph (5)(a), the agency shall complete an eligibility determination within 45 days after receipt of the signed application.
(a) If the agency determines additional documentation is necessary to make an eligibility determination, the agency may request the additional documentation from the applicant.
(b) When necessary to definitively identify individual conditions or needs, the agency or its designee must provide a comprehensive assessment.
(c) If the agency requests additional documentation from the applicant or provides or arranges for a comprehensive assessment, the agency’s eligibility determination must be completed within 90 days after receipt of the signed application.
(2) In order to be eligible for services under this chapter, the agency must determine that the applicant has met all eligibility requirements in rule, including having a developmental disability and being domiciled in this state. Information accumulated by other agencies, including professional reports and collateral data, shall be considered in this process when available.
(3) The agency or its designee shall notify each applicant, in writing, of its eligibility determination. Any applicant or client determined by the agency to be ineligible for services has the right to appeal this determination pursuant to ss. 120.569 and 120.57.
(4) Before admission to an intermediate care facility for individuals with intellectual disabilities and to ensure that the setting is the least restrictive to meet the individual’s needs, the agency must authorize admission pursuant to this subsection. As part of the authorization, the agency or its designee must conduct a comprehensive assessment that includes medical necessity, level of care, and level of reimbursement.
(5) Except as provided in subsections (6) and (7), if a client seeking enrollment in the developmental disabilities home and community-based services Medicaid waiver program meets the level of care requirement for an intermediate care facility for individuals with intellectual disabilities pursuant to 42 C.F.R. ss. 435.217(b)(1) and 440.150, the agency must assign the client to an appropriate preenrollment category pursuant to this subsection and must provide priority to clients waiting for waiver services in the following order:
(a) Category 1, which includes clients deemed to be in crisis as described in rule, must be given first priority in moving from the preenrollment categories to the waiver.
(b) Category 2, which includes clients in the preenrollment categories who are:
1. From the child welfare system with an open case in the Department of Children and Families’ statewide automated child welfare information system and who are either:
a. Transitioning out of the child welfare system into permanency; or
b. At least 18 years but not yet 22 years of age and who need both waiver services and extended foster care services; or
2. At least 18 years but not yet 22 years of age and who withdrew consent pursuant to s. 39.6251(5)(c) to remain in the extended foster care system.

For individuals who are at least 18 years but not yet 22 years of age and who are eligible under sub-subparagraph 1.b., the agency must provide waiver services, including residential habilitation, and the community-based care lead agency must fund room and board at the rate established in s. 409.145(3) and provide case management and related services as defined in s. 409.986(3)(e). Individuals may receive both waiver services and services under s. 39.6251. Services may not duplicate services available through the Medicaid state plan.

(c) Category 3, which includes, but is not required to be limited to, clients:
1. Whose caregiver has a documented condition that is expected to render the caregiver unable to provide care within the next 12 months and for whom a caregiver is required but no alternate caregiver is available;
2. At substantial risk of incarceration or court commitment without supports;
3. Whose documented behaviors or physical needs place them or their caregiver at risk of serious harm and other supports are not currently available to alleviate the situation; or
4. Who are identified as ready for discharge within the next year from a state mental health hospital or skilled nursing facility and who require a caregiver but for whom no caregiver is available or whose caregiver is unable to provide the care needed.
(d) Category 4, which includes, but is not required to be limited to, clients whose caregivers are 70 years of age or older and for whom a caregiver is required but no alternate caregiver is available.
(e) Category 5, which includes, but is not required to be limited to, clients who are expected to graduate within the next 12 months from secondary school and need support to obtain a meaningful day activity, maintain competitive employment, or pursue an accredited program of postsecondary education to which they have been accepted.
(f) Category 6, which includes clients 21 years of age or older who do not meet the criteria for category 1, category 2, category 3, category 4, or category 5.
(g) Category 7, which includes clients younger than 21 years of age who do not meet the criteria for category 1, category 2, category 3, or category 4.

Within preenrollment categories 3, 4, 5, 6, and 7, the agency shall prioritize clients in the order of the date that the client is determined eligible for waiver services.

(6) The agency must allow an individual who meets the eligibility requirements of subsection (2) to receive home and community-based services in this state if the individual’s parent or legal guardian is an active-duty military servicemember and if, at the time of the servicemember’s transfer to this state, the individual was receiving home and community-based services in another state.
(7) The agency must allow an individual with a diagnosis of Phelan-McDermid syndrome who meets the eligibility requirements of subsection (2) to receive home and community-based services.
(8) Only a client may be eligible for services under the developmental disabilities home and community-based services Medicaid waiver program. For a client to receive services under the developmental disabilities home and community-based services Medicaid waiver program, there must be available funding pursuant to s. 393.0662 or through a legislative appropriation and the client must meet all of the following:
(a) The eligibility requirements of subsection (2), which must be confirmed by the agency.
(b) The eligibility requirements for the Florida Medicaid program under Title XIX of the Social Security Act, as amended, or the Supplemental Security Income program.
(c) The level of care requirements for an intermediate care facility for individuals with developmental disabilities pursuant to 42 C.F.R. ss. 435.217(b)(1) and 440.150.
(d) The requirements provided in the approved federal waiver authorized pursuant to s. 1915(c) of the Social Security Act and 42 C.F.R. s. 441.302.
(9) Agency action that selects individuals to receive waiver services pursuant to this section does not establish a right to a hearing or an administrative proceeding under chapter 120 for individuals remaining in the preenrollment categories.
(10) The client, the client’s guardian, or the client’s family must ensure that accurate, up-to-date contact information is provided to the agency at all times. Notwithstanding s. 393.0651, the agency must send an annual letter requesting updated information from the client, the client’s guardian, or the client’s family. The agency must remove from the preenrollment categories any individual who cannot be located using the contact information provided to the agency, fails to meet eligibility requirements, or becomes domiciled outside the state.
(11)(a) The agency must provide the following information to all applicants or their parents, legal guardians, or family members:
1. A brief overview of the vocational rehabilitation services offered through the Division of Vocational Rehabilitation of the Department of Education, including a hyperlink or website address that provides access to the application for such services;
2. A brief overview of the Florida ABLE program as established under s. 1009.986, including a hyperlink or website address that provides access to the application for establishing an ABLE account as defined in s. 1009.986(2);
3. A brief overview of the supplemental security income benefits and social security disability income benefits available under Title XVI of the Social Security Act, as amended, including a hyperlink or website address that provides access to the application for such benefits;
4. A statement indicating that the applicant’s local public school district may provide specialized instructional services, including transition programs, for students with special education needs;
5. A brief overview of programs and services funded through the Florida Center for Students with Unique Abilities, including contact information for each state-approved Florida Postsecondary Comprehensive Transition Program;
6. A brief overview of decisionmaking options for individuals with disabilities, guardianship under chapter 744, and alternatives to guardianship as defined in s. 744.334(1), which may include contact information for organizations that the agency believes would be helpful in assisting with such decisions;
7. A brief overview of the referral tools made available through the agency, including a hyperlink or website address that provides access to such tools; and
8. A statement indicating that some waiver providers may serve private-pay individuals.
(b) The agency must provide the information required in paragraph (a) in writing to an applicant or his or her parent, legal guardian, or family member along with a written disclosure statement in substantially the following form:

DISCLOSURE STATEMENT

Each program and service has its own eligibility requirements. By providing the information specified in section 393.065(11)(a), Florida Statutes, the agency does not guarantee an applicant’s eligibility for or enrollment in any program or service.

(c) The agency must also publish the information required in paragraph (a) and the disclosure statement in paragraph (b) on its website, and must provide that information and statement annually to each client placed in the preenrollment categories or to the parent, legal guardian, or family member of such client.
(12) The agency and the Agency for Health Care Administration may adopt rules specifying application procedures, criteria associated with the preenrollment categories, procedures for administering the preenrollment, including tools for prioritizing waiver enrollment within preenrollment categories, and eligibility requirements as needed to administer this section.
History.s. 1, ch. 77-335; s. 42, ch. 83-218; s. 7, ch. 88-398; s. 5, ch. 94-154; s. 120, ch. 96-410; s. 82, ch. 99-8; s. 2, ch. 99-144; s. 100, ch. 2004-267; s. 13, ch. 2006-227; s. 1, ch. 2009-56; s. 71, ch. 2014-19; ss. 40, 41, 126, ch. 2016-62; s. 13, ch. 2016-65; s. 3, ch. 2016-140; s. 16, ch. 2018-111; s. 16, ch. 2020-138; s. 1, ch. 2021-100; s. 4, ch. 2022-68; s. 3, ch. 2023-273.