Fla. Admin. Code R. 65G-13.004

Current through Reg. 50, No. 119; June 18, 2024
Section 65G-13.004 - In-Home Subsidy Procedure
(1) A request for an in-home subsidy must be made by submitting a complete and accurate Individual Financial Profile, Form 65G-13.004 A, effective 12-2022, adopted and incorporated herein, which may be found at https://apd.myflorida.com/customers/supported-living/docs/Individual%20Financial%20Profile%20Form%20-%20FINAL%20221222.pdf and http://www.flrules.org/Gateway/reference.asp?No=Ref-14949, with the required supporting documentation, by either:
(a) For a client enrolled on the Waiver, the client's support coordinator; or
(b) For a client not enrolled on the Waiver, the client's supported living coach, if one is assigned, otherwise the client or the client's legal representative.
(2) A request to renew a monthly in-home subsidy shall meet the requirements of subsection (1) of this rule and be submitted to the Agency by the earliest of the following:
(a) 30 calendar days prior to the end of the approval period designated in the Agency's notice approving the monthly in-home subsidy;
(b) 30 calendar days prior to the new fiscal year, or June 1 of each year; or
(c) 30 calendar days before the end of a lease.
(3) If a client is assigned a supported living coach, the supported living coach shall comply with all the requirements described in the iBudget Handbook. The assigned supported living coach shall also:
(a) Assist the client and/or legal representative in drafting, gathering documentation for, and timely submitting the client's Individual Financial Profile;
(b) Assist the client in obtaining additional funding sources and document all such efforts in the request for the in-home subsidy. Analysis of other funding sources for the client, may include, but is not limited to:
1. Seeking employment;
2. Obtaining potential roommates to share costs with the client;
3. Seeking any subsidized housing options for the client;
4. Applying for supplemental nutrition assistance program ("SNAP"); and
5. Seeking any other resources available to the client;
(c) If the client is enrolled on the Waiver, coordinating with the client's support coordinator in completing the client's Individual Financial Profile; and
(d) If the client is enrolled on the Waiver, sending the client's completed Individual Financial Profile to the support coordinator no more than 10 calendar days following the selection of housing by the client and prior to signing the lease.
(4) If the client enrolled on the Waiver is not assigned a supported living coach, then the client's support coordinator shall perform the role of the supported living coach under this chapter.
(5) If the client is enrolled on the Waiver, then the support coordinator shall review the Individual Financial Profile to verify that it accurately reflects all sources of income and monthly expenses of the client. The support coordinator shall submit the client's Individual Financial Profile to the regional office within 7 calendar days of receipt.
(6) Within 30 calendar days of receipt of a request for an in-home subsidy, the Agency will approve, partially approve, deny, terminate, reduce, or request additional documentation to supplement the request.
(a) If additional documentation is requested, the deadline for the Agency's response shall be extended to 60 calendar days following the receipt of the original request.
1. If the Agency requests additional documentation from the client, the client shall either:
a. Provide the requested documentation within 10 calendar days of the date of the written notice; or
b. Notify the Agency in writing that the client wishes the Agency to render its decision based upon the documentation provided with the initial request.
2. If the client fails to timely respond to the Agency's notice requesting additional documentation, the Agency will deny, terminate, reduce, or partially approve the request based on the documentation available.
(b) The Agency will issue a notice of its determination to the client, and if applicable, the client's legal representative.
1. Should a request for in-home subsidy be approved or partially approved, the notice will indicate amount, the period, and the specifically approved use(s) of such funds.
2. In-home subsidy funds shall be used to purchase the less costly version of the items listed in the notice.
3. Anytime an in-home subsidy is denied, partially approved, reduced, or terminated, the client shall have the right to request an administrative hearing pursuant to Sections 393.125(1)(b), 120.569 and 120.57, F.S., within 30 calendar days of receipt of notification.
(7) The Agency shall deny an in-home subsidy request if the client, his or her support coordinator or, if applicable, supported living coach, does not provide an accurate and up-to-date Individual Financial Profile to substantiate the request.
(8) If an in-home subsidy is approved, the client shall provide a copy of the signed lease to his or her support coordinator. The support coordinator shall place the copy of the signed lease in the client's central record.
(9) A client who requests an in-home subsidy from the Agency shall not commit to a living situation that is beyond his or her financial means prior to having the Agency review and approve his or her Individual Financial Profile for an in-home subsidy. The Agency is not responsible for the costs of the living arrangement that the client agrees to in a lease or mortgage without Agency approval.
(10) The Agency will deny payment for an in-home subsidy requested by a client or legal representative who did not request prior authorization. In limited circumstances, an exception may be made on a case-by-case basis by the Agency's regional office to:
(a) Correct an administrative error; or
(b) Consider a health and safety risk or emergency.
(11) This rule shall be reviewed, and if necessary, renewed through the rulemaking process five years from the effective date.

Fla. Admin. Code Ann. R. 65G-13.004

Rulemaking Authority 393.066, 393.0663, 393.0695, 393.501 FS. Law Implemented, 393.063, 393.066, 393.0663, 393.0695 FS.

Adopted by Florida Register Volume 48, Number 240, December 13, 2022 effective 12/25/2022.

New 12-25-22.