Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65A - Economic Self-Sufficiency Program › Chapter 65A-2 - OPTIONAL STATE SUPPLEMENTATION › Section 65A-2.032 - Optional State Supplementation Eligibility Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) An eligible individual must be age 65 or
				older, or age 18 or older and blind or disabled as defined by Title XVI of the
				Social Security Act (SSA). Federal disability criteria are found at  20 C.F.R.
				§§416  et seq.
(2) An
				eligible individual must be living in the state of Florida with the intent to
				remain.
(3) An eligible individual
				must be a United States citizen or a qualified noncitizen as defined in  8 U.S.C. §
										1641(b).
(4) An
				eligible individual must have income within standards established by the
				Department in subsection
				 65A-2.036(3),
				F.A.C.
(5) An eligible individual
				must have assets within SSA Title XVI standards for Supplemental Security
				Income (SSI).
(6) An individual
				must apply for and seek a determination of eligibility for all other monetary
				benefits for which they may be entitled or otherwise potentially eligible as
				required by  20 C.F.R. §
										416.210  for the SSI Program and by  42 C.F.R. §
										435.608  for the Medicaid Program.
(7) An eligible individual must be living in
				a licensed Assisted Living Facility as defined in Section
				 429.02(5),
				F.S.; a licensed Adult Family Care Home as defined in Section
				 429.65(2),
				F.S.; or a licensed Mental Health Residential Treatment Facility as defined in
				Section  394.67(23),
				F.S. Additionally, the facility must meet the individual's needs based on
				objective medical and social evaluations and care plans, in accordance with
				Chapter 59A-36, 59A-37 or 65E-4, F.A.C., respectively.
(8) Pursuant to Section
				 429.67(8),
				F.S., the Department of Children and Families will refer residents who receive
				Optional State Supplementation (OSS) to adult family care homes by providing
				the resident with the Adult Family Care Home Referral Notice, CF-ES 2202,
				08/2009, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13625
.
				The following non-English versions of the Adult Family Care Home Referral
				Notice are incorporated by reference: CF-ES 2202H (Creole), 08/2009, available
				at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13625
,
				and CF-ES 2202S (Spanish), 08/2009,
http://www.flrules.org/Gateway/reference.asp?No=Ref-13626
.
(9) When appropriated OSS funding is
				insufficient to meet fiscal demands, a proportional reduction will be applied
				to OSS payments, but shall not affect maintenance of effort required per  42 U.S.C. §
										1382g.
(10) 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),
					 429.67(8) FS.
					 Law Implemented 409.212,
					 429.67(8)
					 FS.
New 1-1-77, Amended 9-29-81, 10-31-83, Formerly 10C-2.32,
					 Amended 9-30-86, Formerly 10C-2.032, Amended 12-16-01, 2-25-10,
					 10-26-21.