Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-2 - OPTIONAL STATE SUPPLEMENTATION › Section 65A-2.022 - Rights and Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				individual has the right to apply for Optional State Supplementation (OSS) and,
				if found eligible according to these rules and Section
				 409.212, F.S., to receive an
				established monthly payment. Individuals residing in Assisted Living Facilities
				(ALF) and Adult Family Care Homes (AFCH) are eligible to receive OSS payments
				to assist with the cost of room and board. Individuals residing in facilities
				covered by subsection
				 65A-2.032(7),
				F.A.C., and within the coverage groups specified in subsections
				 65A-2.033(1) through
				(4), F.A.C., are also eligible to receive OSS
				payments. Additionally, individuals residing in Mental Health Residential
				Treatment Facilities (MHRTFs) enrolled as qualified Medicaid providers of
				Assistive Care Services (ACS) with the Agency for Health Care Administration
				(AHCA) are eligible to receive OSS payments to assist with room and board.
				Individuals residing in MHRTFs that are not enrolled as qualified Medicaid
				providers of ACS by AHCA, under subsections
				 65A-2.033(3) and
				(4), F.A.C., are eligible for OSS payments
				that are inclusive of room, board and personal care. The individual's use of
				the personal needs allowance is not restricted.
(2) An authorized representative as defined
				in subsection  65A-1.203(9),
				F.A.C., may be designated to act on behalf of the individual in any matter
				pertaining to the individual's OSS eligibility. Designation may be made by the
				individual, or a person knowledgeable of the individual's affairs may be
				self-designated as the individual's representative. The authorized
				representative may be identified on the Appointment of a Designated
				Representative, CF-ES 2505, 07/2013,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03155
,
				incorporated by reference. The following non-English versions of the
				Appointment of a Designated Representative form are incorporated by reference:
				CF-ES 2505H (Creole), 07/2013, available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13629
,
				and CF-ES 2505S (Spanish), 07/2013, available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13630
.
(3) The individual is responsible for
				providing all facts necessary to establish initial and continuing eligibility.
				The individual is also responsible to notify the Department of any changes in
				circumstances that could affect their eligibility within ten days of the date
				of the change.
(4) The Department
				is responsible for determining eligibilty within the required time standard in
				accordance with subsections
				 65A-2.023(1) and
				(2), F.A.C., equitable treatment in
				accordance with Rules
				 65A-1.204 and
				 65A-2.031, F.A.C., and timely
				notification in accordance with subsection
				 65A-2.023(2),
				F.A.C., of any decision regarding an individual's payment or eligibility
				status.
(5) This rule will be
				reviewed and repealed, modified, or renewed through the rulemaking process five
				years from the effective date.
Rulemaking Authority
					 409.212(7) FS.
					 Law Implemented 409.212
					 FS.
New 1-1-77, Formerly 10C-2.22, 10C-2.022, Amended 12-16-01,
					 5-14-02, 10-2-13, 10-26-21.