The Florida Senate

414.43  Special needs allowance for families with a disabled family member.--

(1)  The department shall establish a special needs allowance which shall be deducted from the calculation of family income in determining the net monthly income for the family in the case of families as described in this section. The department shall also establish by rule a special needs allowance which shall apply to families with unusually high out-of-pocket expenses related to the disability of a family member. Families with unusually high out-of-pocket expenses related to the disability of a family member may receive a total monthly payment in excess of the payment standard as specified in s. 414.095(11). An additional special needs allowance for families with unusually high out-of-pocket expenses related to the disability of a family member shall be provided subject to the following restrictions:

(a)  Families must have out-of-pocket disability-related expenses which exceed 125 percent of the maximum supplemental security income grant for an individual; and

(b)  Not more than 10 percent of the families eligible for the special needs allowance described in this section may be eligible for the additional special needs allowance for families with unusually high out-of-pocket expenses.

(2)  Families eligible for the special needs allowance shall be families with one or more members who receive Supplemental Security Income under Title XVI of the Social Security Act, as amended, and such Supplemental Security Income may not be disregarded due to federal law.

(3)  The purpose of the special needs allowance is to recognize the out-of-pocket expenses of families with a disabled family member which are not covered by Medicaid. The department shall establish guidelines which delineate the amount and verification or documentation procedures related to the special needs allowances. The department may establish one or more standard amounts for the special needs allowance.

(4)  The department shall gather information regarding the number of families who receive Supplemental Security Income which is considered as income due to change in federal law, the number of families who apply for the special needs allowance, the number and amount of special needs allowances approved, and the effect on family eligibility.

(5)  The department shall consult with the Developmental Disabilities Council and other groups, organizations, or individuals with knowledge about the needs of families with members who are disabled in establishing the amount of the special needs allowance.

History.--s. 46, ch. 96-175; s. 34, ch. 97-173.