Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65A - Economic Self-Sufficiency Program
Chapter 65A-1 - PUBLIC ASSISTANCE PROGRAMS
Section 65A-1.705 - Family-Related Medicaid General Eligibility Criteria
Universal Citation: FL Admin Code R 65A-1.705
Current through Reg. 50, No. 187; September 24, 2024
(1) The Family-Related Medicaid technical eligibility factors.
(a) The age criteria for
children is specified in Rule
65A-1.703, F.A.C.
(b) The individual must be a resident of
Florida as required by subsection 1902(a)(16) of the Social Security Act.
Individuals who are physically present in Florida on a temporary basis may be
considered residents of the State on a case-by-case basis if they indicate an
intent to remain in Florida. A lawfully residing child under the age of 19 is
considered to meet the residency requirement for Medicaid.
(c) An absence from the home of less than 30
days does not affect Medicaid eligibility. An individual is considered to be
temporarily absent and may be eligible for Medicaid, under the following
conditions:
1. The parent or relative
continues to exercise care and control of the child during the
absence.
2. A definite plan exists
for the absent child or parent/relative to return to the home at the end of the
temporary period.
(d) The
individual must be a citizen of the United States, or a qualified non-citizen,
or a lawfully residing child as defined in Rule
65A-1.701 F.A.C.
(e) The identity of each U.S. citizen, or
qualified non-citizen, applying for or receiving Medicaid must be documented
and verified.
(2) Standard Filing Unit (SFU).
(a) Taxpayers not
claimed as a tax dependent: For individuals who expect to file a tax return for
the taxable year in which an initial determination or renewal of eligibility is
being made, and who do not expect to be claimed as a tax dependent by another
taxpayer, the SFU consists of the taxpayer and, subject to paragraph (e) of
this section, all persons whom such individual expects to claim as a tax
dependent.
(b) Individuals claimed
as a tax dependent: For individuals who expect to be claimed as a tax dependent
by another taxpayer for the taxable year in which an initial determination or
renewal of eligibility is being made, the SFU consists of the taxpayer claiming
such individual as a tax dependent, except that the SFU must be determined in
accordance with paragraph (c) of this section. Such individuals include:
1. Individuals other than a spouse or a
natural, adopted, or stepchild who expect to be claimed as a tax dependent by
another taxpayer;
2. Individuals
under age 19, or in the case of full-time students under age 21, who expect to
be claimed by one parent as a tax dependent and are living with both parents
but whose parents do not expect to file a joint tax return; and
3. Individuals under age 19, or in the case
of full-time students under age 21, who expect to be claimed as a tax dependent
by a parent not living in the home. For purposes of this subparagraph:
a. A court order or binding separation,
divorce, or custody agreement establishing physical custody controls;
or
b. If there is no such order or
agreement or in the event of a shared custody agreement, the custodial parent
is the parent with whom the child spends most
nights.
(c)
Individuals who neither file a tax return nor are claimed as a tax dependent.
In the case of individuals who do not expect to file a federal tax return and
do not expect to be claimed as a tax dependent for the taxable year in which an
initial determination or renewal of eligibility is being made, or who are
described in subparagraph (4)(b)1., (4)(b)2., or (4)(b)3. of this section, the
SFU consists of the individual and, if living with the individual:
1. The individual's spouse;
2. The individual's natural, adopted or
stepchildren under age 19 or, in the case of full-time students, age 21;
and
3. Individuals under age 19, or
in the case of full-time students under age 21, the individual's natural,
adoptive, and stepparents and natural, adoptive, and stepsiblings under age 19,
or in the case of full-time students under age 21.
(d) Married couples. In the case of a married
couple living together, each spouse will be included in the SFU of the other
spouse, regardless of whether they expect to file a joint tax return.
(e) If the taxpayer cannot reasonably
establish that another individual is a tax dependent of the taxpayer for the
taxable year in which Medicaid eligibility is being determined, the inclusion
of the individual in the SFU of the taxpayer is determined in accordance with
paragraph (c) of this section.
Rulemaking Authority 409.818, 409.919 FS. Law Implemented 409.902, 409.903, 409.904, 409.818, 409.919 FS.
New 10-8-97, Amended 9-28-98, 4-5-99, 11-23-99, 2-15-01, 9-24-01, 4-1-03, 6-26-08, 9-16-08, 2-26-20.
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