Senate Bill 2510e1

CODING: Words stricken are deletions; words underlined are additions.







    SB 2510                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to rulemaking authority of the

  3         Department of Children and Family Services

  4         (RAB); amending s. 409.919, F.S.; requiring

  5         that the department adopt rules to administer

  6         provisions governing medical assistance;

  7         creating s. 409.953, F.S.; requiring the

  8         department to adopt rules to administer the

  9         refugee assistance program; amending ss.

10         414.085, 414.095, F.S.; authorizing the

11         department to adopt rules for determining a

12         person's eligibility for the WAGES Program;

13         amending s. 414.13, F.S.; providing for rules

14         to allow exceptions to the requirements that a

15         child receive certain immunizations; amending

16         s. 414.15, F.S.; authorizing the department to

17         adopt rules for administering diversion

18         services; providing an effective date.

19

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

21

22         Section 1.  Section 409.919, Florida Statutes, is

23  amended to read:

24         409.919 Rules.--The agency shall adopt any rules

25  necessary to comply with or administer ss. 409.901-409.920 and

26  all rules necessary to comply with federal requirements. In

27  addition, the Department of Children and Family Services shall

28  adopt and accept transfer of any rules that are necessary to

29  administer its responsibilities of receiving and processing

30  applications for Medicaid and determining Medicaid eligibility

31


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 2510                                        First Engrossed



  1  and for assuring compliance with and for administering ss.

  2  409.901-409.906, as it relates to these responsibilities.

  3         Section 2.  Section 409.953, Florida Statutes, is

  4  created to read:

  5         409.953  Rulemaking authority.--The Department of

  6  Children and Family Services shall adopt rules to administer

  7  the eligibility requirements for the refugee assistance

  8  program.

  9         Section 3.  Section 414.085, Florida Statutes, is

10  amended to read:

11         414.085  Income eligibility standards.--

12         (1)  For purposes of program simplification and

13  effective program management, certain income definitions, as

14  outlined in the food stamp regulations at 7 C.F.R. s. 273.9,

15  shall be applied to the WAGES Program as determined by the

16  department to be consistent with federal law regarding

17  temporary cash assistance and Medicaid for needy families,

18  except as to the following:

19         (a)(1)  Participation in the WAGES Program shall be

20  limited to those families whose gross family income is equal

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

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

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

24         (b)(2)  Income security payments, including payments

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

26  amended; supplemental security income under Title XVI of the

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

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

29  unless required to be included by federal law.

30         (c)(3)  The first $50 of child support paid to a

31  custodial parent receiving temporary cash assistance may not


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    SB 2510                                        First Engrossed



  1  be disregarded in calculating the amount of temporary cash

  2  assistance for the family, unless such exclusion is required

  3  by federal law.

  4         (d)(4)  An incentive payment to a participant

  5  authorized by a local WAGES coalition shall not be considered

  6  income.

  7         (2)  The department may adopt rules governing the

  8  administration of this section and may establish requirements

  9  for income inclusions, income exclusions, income deductions,

10  budgeting criteria, money management by participants, criteria

11  for eligibility verification, processing timeframes, and other

12  eligibility criteria necessary for the department to

13  administer this section.

14         Section 4.  Subsection (13) of section 414.095, Florida

15  Statutes, is amended, and subsection (20) is added to that

16  section, to read:

17         414.095  Determining eligibility for the WAGES

18  Program.--

19         (13)  CALCULATION OF LEVELS OF TEMPORARY CASH

20  ASSISTANCE.--

21         (a)  Temporary cash assistance shall be calculated

22  based on average monthly gross family income, earned and

23  unearned, less any applicable disregards. The resulting

24  monthly net income amount shall be subtracted from the

25  applicable payment standard to determine the monthly amount of

26  temporary cash assistance.

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

28  payments.

29         (c)  The department may adopt rules governing the

30  administration of this subsection and may establish criteria

31  pertaining to types of budgeting, conversion factors,


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    SB 2510                                        First Engrossed



  1  verification of income, treatment of self-employment income,

  2  treatment of child-support income, and treatment of other

  3  sources of income.

  4         (20)  RULES.--The department may adopt rules governing

  5  the administration of this section and may establish criteria

  6  regarding verification requirements and limitations on

  7  eligibility.

  8         Section 5.  Section 414.13, Florida Statutes, is

  9  amended to read:

10         414.13  Immunizations.--Each applicant who has a

11  preschool child must begin and complete appropriate childhood

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

13  the time of application and redetermination of eligibility,

14  the department shall advise applicants and participants of the

15  availability of childhood immunizations through the county

16  health department.  Each participant who has a preschool child

17  must verify compliance with the section. If a participant

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

19  verification is not provided shall be removed from

20  consideration for purposes of calculating the assistance

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

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

23  the program shall be terminated until verification of

24  compliance is provided.  The department shall waive this

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

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

27  adopted by the department.

28         Section 6.  Subsection (7) is added to section 414.15,

29  Florida Statutes, to read:

30         414.15  Diversion.--

31


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    SB 2510                                        First Engrossed



  1         (7)  The department may adopt rules governing the

  2  administration of this section and may establish guidelines

  3  for screening criteria, referrals to community resources,

  4  restrictions on receipt of up-front diversion and transitional

  5  services, definitions of emergency services, verification

  6  requirements, and processing timeframes.

  7         Section 7.  This act shall take effect upon becoming a

  8  law.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  5