Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1594
       
       
       
       
       
       
                                Ì492004pÎ492004                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             05/01/2023 08:25 AM       .                                
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       Senator Brodeur moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 192 - 263
    4  and insert:
    5         (5) Except as provided in subsections (6) and (7), if a
    6  client seeking enrollment in the developmental disabilities home
    7  and community-based services Medicaid waiver program meets the
    8  level of care requirement for an intermediate care facility for
    9  individuals with intellectual disabilities pursuant to 42 C.F.R.
   10  ss. 435.217(b)(1) and 440.150, the agency must shall assign the
   11  client to an appropriate preenrollment category under this
   12  subsection and must provide priority to clients waiting for
   13  waiver services in the following order:
   14         (a) Category 1, which includes clients deemed to be in
   15  crisis as described in rule, must shall be given first priority
   16  in moving from the preenrollment categories waiting list to the
   17  waiver.
   18         (b) Category 2, which includes clients in the preenrollment
   19  categories individuals on the waiting list who are:
   20         1. From the child welfare system with an open case in the
   21  Department of Children and Families’ statewide automated child
   22  welfare information system and who are either:
   23         a. Transitioning out of the child welfare system into
   24  permanency at the finalization of an adoption, a reunification
   25  with family members, a permanent placement with a relative, or a
   26  guardianship with a nonrelative; or
   27         b. At least 18 years but not yet 22 years of age and who
   28  need both waiver services and extended foster care services; or
   29         2. At least 18 years but not yet 22 years of age and who
   30  withdrew consent pursuant to s. 39.6251(5)(c) to remain in the
   31  extended foster care system.
   32  
   33  For individuals who are at least 18 years but not yet 22 years
   34  of age and who are eligible under sub-subparagraph 1.b., the
   35  agency must shall provide waiver services, including residential
   36  habilitation, and the community-based care lead agency must
   37  shall fund room and board at the rate established in s.
   38  409.145(3) and provide case management and related services as
   39  defined in s. 409.986(3)(e). Individuals may receive both waiver
   40  services and services under s. 39.6251. Services may not
   41  duplicate services available through the Medicaid state plan.
   42         (c) Category 3, which includes, but is not required to be
   43  limited to, clients:
   44         1. Whose caregiver has a documented condition that is
   45  expected to render the caregiver unable to provide care within
   46  the next 12 months and for whom a caregiver is required but no
   47  alternate caregiver is available;
   48         2. At substantial risk of incarceration or court commitment
   49  without supports;
   50         3. Whose documented behaviors or physical needs place them
   51  or their caregiver at risk of serious harm and other supports
   52  are not currently available to alleviate the situation; or
   53         4. Who are identified as ready for discharge within the
   54  next year from a state mental health hospital or skilled nursing
   55  facility and who require a caregiver but for whom no caregiver
   56  is available or whose caregiver is unable to provide the care
   57  needed.
   58         (d) Category 4, which includes, but is not required to be
   59  limited to, clients whose caregivers are 70 years of age or
   60  older and for whom a caregiver is required but no alternate
   61  caregiver is available.
   62         (e) Category 5, which includes, but is not required to be
   63  limited to, clients who are expected to graduate within the next
   64  12 months from secondary school and need support to obtain a
   65  meaningful day activity, maintain competitive employment, or
   66  pursue an accredited program of postsecondary education to which
   67  they have been accepted.
   68         (f) Category 6, which includes clients 21 years of age or
   69  older who do not meet the criteria for category 1, category 2,
   70  category 3, category 4, or category 5.
   71         (g) Category 7, which includes clients younger than 21
   72  years of age who do not meet the criteria for category 1,
   73  category 2, category 3, or category 4.
   74  
   75  Within preenrollment categories 3, 4, 5, 6, and 7, the agency
   76  shall prioritize maintain a waiting list of clients placed in
   77  the order of the date that the