Section 65G-13.007 - In-Home Subsidy Review(1) The Agency can review any in-home subsidy for compliance with this chapter and Florida statutes.(2) An in-home subsidy shall be used in a manner that is approved by the Agency, as described in the approval notice issued by the Agency. Should in-home subsidy funds not be used in a manner approved by the Agency, the Agency shall take action to ensure that the use of in-home subsidy funds complies with this chapter and Florida Statutes, including:(a) Terminating or decreasing the amount of the subsidy; or(b) Disbursing direct payment to the vendor (such as a landlord or utility company) instead of disbursing an in-home subsidy payment to the client or the legal representative.(3) An in-home subsidy may be reduced or terminated if funds are not available.(4) Upon request by the Agency, the recipient of any in-home subsidy shall provide an updated Individual Financial Profile within 10 calendar days of the Agency's request. Failure to submit an updated and accurate Individual Financial Profile may result in denial, partial approval, reduction, or termination of the in-home subsidy.(5) Verification of start-up and monthly in-home subsidy expenditures. If a client has a supported living coach, the supported living coach shall verify that the in-home subsidy funds have been spent appropriately, as described in the approval notice sent by the Agency. If a client does not have a supported living coach but has support coordinator, then the client's support coordinator shall perform this verification. (a) This verification includes reviewing receipts to verify that designated items were purchased as approved by the Agency on at least a quarterly basis.(b) The provider conducting the verification shall notify the Agency in writing upon discovering any use of in-home subsidy funds that were not approved by the Agency. Additionally, the provider shall take appropriate action to address any unapproved use of such funds, which may include:1. Providing additional supports to the client who is the recipient of the in-home subsidy, such as training and advising with money management; and/or2. Assisting in locating someone to provide financial management for the client who is the recipient of the in-home subsidy.(c) This verification shall be documented by the provider conducting the verification in the client's progress/case notes within iConnect.(6) Review of the monthly in-home subsidy. If a client has a supported living coach, the supported living coach shall reassess a client's need for the in-home subsidy on a quarterly basis, or more frequently if necessary, to determine the client's ongoing need for the subsidy. If a client does not have a supported living coach but has support coordinator, then the client's support coordinator shall perform this reassessment.(7) A client shall submit a new Individual Financial Profile to the regional office when circumstances affecting the client's need for an in-home subsidy change substantially. Circumstances that substantially affect a client's need for an in-home subsidy, which may include:(a) A change in Social Security payments;(b) The client receives any back payment for Social Security income or other benefits;(c) A change in cost-sharing arrangements between roommates or a loss of roommate(s);(d) A change in employment status;(e) A change in availability of subsidized housing;(f) A change in the client's income;(g) A change in housing or rent expenses;(h) Eviction due to non-payment of rent requiring the client to secure an alternative living arrangement;(i) Pest infestation not covered in rental agreement;(j) Loss of child support payments for any client who has children; and/or(k) A change in expenditures that results in financial hardship not attributable to mismanagement of the client's funds.(8) If a family member, fiscal agent, or any other person who controls the finances of a client who is the recipient of an in-home subsidy uses the funds in a way that is not for the sole benefit of the client or inconsistent with the notice of approval sent by the Agency, the Agency will make appropriate referrals to the State Attorney, law enforcement, or other appropriate authorities.(9) 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-13.007
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.