House Bill 2245

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    Florida House of Representatives - 2000                HB 2245

        By the Committee on Children & Families and Representative
    Murman





  1                      A bill to be entitled

  2         An act relating to rulemaking authority for the

  3         Department of Children and Family Services;

  4         amending s. 393.066, F.S.; providing rulemaking

  5         authority relating to supported living services

  6         for the developmentally disabled; amending s.

  7         409.919, F.S.; providing rulemaking authority

  8         relating to Medicaid for the department in

  9         addition to that provided for the Agency for

10         Health Care Administration; creating s.

11         409.953, F.S.; providing rulemaking authority

12         relating to the Refugee Assistance Program;

13         amending ss. 414.085, 414.095, 414.13, and

14         414.15, F.S.; providing rulemaking authority

15         relating to income eligibility standards,

16         temporary cash assistance, required

17         immunizations, and diversion payments under the

18         WAGES Program; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Subsection (9) of section 393.066, Florida

23  Statutes, is amended to read:

24         393.066  Community services and treatment for persons

25  who are developmentally disabled.--

26         (9)  The department may adopt rules to ensure

27  compliance with federal laws or regulations that apply to

28  services provided pursuant to this section. The department may

29  adopt rules for supported living services to limit the number

30  of nonrelated clients who may live in a single dwelling unit.

31  The department may adopt rules that specify the maximum

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    Florida House of Representatives - 2000                HB 2245

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  1  density of supported living dwelling units within the smallest

  2  identifiable geographical area in which the dwelling units are

  3  located, which may be a city block, subdivision, neighborhood,

  4  apartment complex, or mobile home park. The department may

  5  not, however, restrict the ability of clients to choose to

  6  live in dwelling units with a number of residents that exceeds

  7  the maximum established by rule. The department may not

  8  restrict clients from choosing to live in a geographic area in

  9  excess of the maximum density established by rule.

10         Section 2.  Section 409.919, Florida Statutes, is

11  amended to read:

12         409.919  Rules.--The agency and the Department of

13  Children and Family Services shall adopt any rules necessary

14  to comply with or administer ss. 409.901-409.920 and all rules

15  necessary to comply with federal requirements. In addition,

16  the Department of Children and Family Services shall adopt and

17  accept transfer of any rules necessary to carry out its

18  responsibilities for receiving and processing Medicaid

19  applications and determining Medicaid eligibility, and for

20  assuring compliance with and administering ss. 409.901-409.906

21  as such sections relate to those responsibilities.

22         Section 3.  Section 409.953, Florida Statutes, is

23  created to read:

24         409.953  Rulemaking authority.--The Department of

25  Children and Family Services shall adopt rules pursuant to

26  chapter 120 as necessary to establish and carry out

27  eligibility requirements for the Refugee Assistance Program.

28         Section 4.  Section 414.085, Florida Statutes, is

29  amended to read:

30         414.085  Income eligibility standards.--For purposes of

31  program simplification and effective program management,

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    Florida House of Representatives - 2000                HB 2245

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  1  certain income definitions, as outlined in the food stamp

  2  regulations at 7 C.F.R. s. 273.9, shall be applied to the

  3  WAGES Program as determined by the department to be consistent

  4  with federal law regarding temporary cash assistance and

  5  Medicaid for needy families, except as to the following:

  6         (1)  Participation in the WAGES Program shall be

  7  limited to those families whose gross family income is equal

  8  to or less than 130 percent of the federal poverty level

  9  established in s. 673(2) of the Community Services Block Grant

10  Act, 42 U.S.C. s. 9901(2).

11         (2)  Income security payments, including payments

12  funded under part B of Title IV of the Social Security Act, as

13  amended; supplemental security income under Title XVI of the

14  Social Security Act, as amended; or other income security

15  payments as defined by federal law shall be excluded as income

16  unless required to be included by federal law.

17         (3)  The first $50 of child support paid to a custodial

18  parent receiving temporary cash assistance may not be

19  disregarded in calculating the amount of temporary cash

20  assistance for the family, unless such exclusion is required

21  by federal law.

22         (4)  An incentive payment to a participant authorized

23  by a local WAGES coalition shall not be considered income.

24

25  The department is authorized to adopt rules governing the

26  administration of this section and may establish criteria

27  related to income inclusions, income exclusions, income

28  deductions, budgeting criteria, participant money management,

29  eligibility verification criteria, processing timeframes, and

30  other eligibility criteria that the department deems necessary

31  to implement this section.

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    Florida House of Representatives - 2000                HB 2245

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  1         Section 5.  Subsection (20) is added to section

  2  414.095, Florida Statutes, and paragraph (c) is added to

  3  subsection (13) of said section, to read:

  4         414.095  Determining eligibility for the WAGES

  5  Program.--

  6         (13)  CALCULATION OF LEVELS OF TEMPORARY CASH

  7  ASSISTANCE.--

  8         (a)  Temporary cash assistance shall be calculated

  9  based on average monthly gross family income, earned and

10  unearned, less any applicable disregards. The resulting

11  monthly net income amount shall be subtracted from the

12  applicable payment standard to determine the monthly amount of

13  temporary cash assistance.

14         (b)  A deduction may not be allowed for child care

15  payments.

16         (c)  The department is authorized to adopt rules

17  governing the administration of this subsection and may

18  establish criteria related to type of budgeting, conversion

19  factors, verification of income, treatment of self-employment

20  income, treatment of child support income, and treatment of

21  other sources of income.

22         (20)  RULES.--The department is authorized to adopt

23  rules governing the administration of this section and may

24  establish criteria regarding verification requirements and

25  limitations on eligibility.

26         Section 6.  Section 414.13, Florida Statutes, is

27  amended to read:

28         414.13  Immunizations.--Each applicant who has a

29  preschool child must begin and complete appropriate childhood

30  immunizations for the child as a condition of eligibility.  At

31  the time of application and redetermination of eligibility,

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    Florida House of Representatives - 2000                HB 2245

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  1  the department shall advise applicants and participants of the

  2  availability of childhood immunizations through the county

  3  health department.  Each participant who has a preschool child

  4  must verify compliance with the section. If a participant

  5  fails to provide such verification, the child for whom such

  6  verification is not provided shall be removed from

  7  consideration for purposes of calculating the assistance

  8  available to the family. If the child subject to this

  9  requirement is the only child in the family, participation in

10  the program shall be terminated until verification of

11  compliance is provided.  The department shall waive this

12  requirement if the failure to immunize the child is because of

13  religious reasons or other good cause, as defined in rules

14  adopted by the department.

15         Section 7.  Subsection (7) is added to section 414.15,

16  Florida Statutes, to read:

17         414.15  Diversion.--

18         (1)  A segment of applicants do not need ongoing

19  temporary cash assistance, but, due to an unexpected

20  circumstance or emergency situation, require some immediate

21  assistance in meeting a financial obligation while they are

22  securing employment or child support.  These immediate

23  obligations may include a shelter or utility payment, a car

24  repair to continue employment, or other assistance which will

25  alleviate the applicant's emergency financial need and allow

26  the person to focus on obtaining or continuing employment.

27         (2)  Up-front diversion shall involve four steps:

28         (a)  Linking applicants with job opportunities as the

29  first option to meet the assistance group's need.

30         (b)  Where possible, offering one-time help as an

31  alternative to welfare.

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    Florida House of Representatives - 2000                HB 2245

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  1         (c)  Screening applicants to respond to emergency

  2  needs.

  3         (d)  Performing up-front fraud prevention

  4  investigations, if appropriate.

  5         (3)  Before finding an applicant family eligible for

  6  up-front diversion funds, the department must determine that

  7  all requirements of eligibility would likely be met.

  8         (4)  The department shall screen each applicant family

  9  on a case-by-case basis for barriers to obtaining or retaining

10  employment.  The screening shall identify barriers that, if

11  corrected, may prevent the family from receiving temporary

12  cash assistance on a regular basis.  Assistance to overcome a

13  barrier to employment is not limited to cash, but may include

14  vouchers or other in-kind benefits.

15         (5)  The diversion payment shall be limited to an

16  amount not to exceed 2 months' temporary cash assistance,

17  based on family size.

18         (6)  The family receiving up-front diversion must sign

19  an agreement restricting the family from applying for

20  temporary cash assistance for 3 months, unless an emergency is

21  demonstrated to the department.  If a demonstrated emergency

22  forces the family to reapply for temporary cash assistance

23  within 3 months after receiving a diversion payment, the

24  diversion payment shall be prorated over the 2-month period

25  and subtracted from any regular payment of temporary cash

26  assistance for which the applicant may be eligible.

27         (7)  The department is authorized to adopt rules

28  governing the administration of this section and may establish

29  guidelines related to screening criteria, referrals to

30  community resources, restrictions on receipt of up-front

31  diversion and transitional services, definitions of emergency

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    Florida House of Representatives - 2000                HB 2245

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  1  services, verification requirements, and processing

  2  timeframes.

  3         Section 8.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Provides rulemaking authority for the Department of
  9    Children and Family Services relating to supported living
      services for developmentally disabled persons, the
10    Medicaid program, the Refugee Assistance Program, and
      provisions of the WAGES Program relating to income
11    eligibility standards, temporary cash assistance,
      required immunizations, and diversion payments.
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