Current through Reg. 50, No. 187; September 24, 2024
(1) Individuals
determined to be in crisis will be prioritized for available waiver placements
in order of the severity of crisis, with the severity determined by risk to the
health, safety, and welfare of each applicant relative to that of the other
applicants, as indicated by the applicable criteria for each crisis category
met by the applicant.
(2) If
several crises status applicants fall within the same crisis category, they
will be prioritized within that category by consideration of the intensity of
services needed.
"Intensity of services needed" prioritizes the following
service needs in intensity from greatest to least:
(a) Residential placement with need of
residential habilitation, nursing, or behavioral services, including supported
living with required supports;
(b)
Residential placement without need of residential habilitation, nursing, or
behavioral services, including supported living with some supports;
(c) Behavioral intervention
services;
(d) Other therapies to
avoid or reduce disability;
(e)
Meaningful day activity needs;
(f)
Durable medical equipment needs;
(g) Environmental accessibility
adaptations;
(h) Consumable medical
supplies.
(3) If an
applicant falls within more than one category of crises, the applicant will be
considered within the higher priority of crisis category. After prioritization
based on crisis category and intensity of services, applicants will be further
prioritized if necessary based on the chronological order of crisis
determination, with the earlier dates of determination having higher
priority.
(4) "First priority"
crisis category: The applicant is currently homeless, living in a homeless
shelter, or living with relatives in an unsafe environment. In such cases, the
following indicia, supported by credible evidence, are relevant to a crisis
determination in this category:
(a) Without
immediate provision of waiver services, the health and safety of the applicant
are at risk;
(b) The applicant has
no shelter available and needs emergency placement by the Agency or another
state agency;
(c) Alternative
funding is not available for other placement and services to the
applicant;
(d) The applicant
temporarily is staying with friends or relatives but residence is not expected
to last more than several weeks;
(e) The applicant's caregiver has no legal
obligation to provide shelter to the applicant and the caregiver's commitment
to shelter the applicant is low;
(f) Factors affecting the applicant's safety
in the current setting include risk of physical abuse of the applicant or risk
of insufficient supervision and support;
(g) The home has insufficient room to shelter
the applicant, or the applicant must share a room in an inappropriate living
arrangement, based on the ages, genders, and conditions of the persons sharing
the room;
(h) The applicant's
desire for placement creates a reasonable expectation that the applicant will
be cooperative with placement;
(i)
Violence or illegal activities within the applicant's current living
environment by the applicant or others has required the intervention of local
or state law enforcement authorities;
(j) Complaints of neglect, exploitation, or
abuse of the applicant to Protective Services, or other adverse environmental
conditions affecting the applicant, have been investigated and confirmed
pursuant to chapter 39, part II, or section
415.104, F.S.;
(k) The applicant requires services of
greater intensity.
(5)
"Second priority" crisis category: The applicant exhibits behaviors that,
without provision of immediate waiver services, may create a life-threatening
situation for the applicant or others, or that may result in bodily harm to the
applicant or others requiring emergency medical care from a physician. In such
cases, the following indicia supported by credible evidence are relevant to a
determination of crisis under this category:
(a) Without immediate waiver services, the
health and safety of the applicant or others in the household is at
risk;
(b) The applicant's injury to
self or others is frequent or intense;
(c) The applicant or others are at risk for
serious injury or permanent damage;
(d) There is documentation of medical
treatment for the applicant's injury to self or others;
(e) No other supports are available to
address the applicant's behaviors;
(f) Other attempted behavioral assessments
and interventions have proven ineffective;
(g) The relative ages, sexes, and sizes of
the aggressor and the subjects of aggression place the subjects of aggression
at risk of injury;
(h) The
caregiver has insufficient ability to control the applicant;
(i) The ages or disabilities of the applicant
or caregiver exacerbate the problems;
(j) Violence or illegal activity within the
applicant's current living environment by the applicant or others has required
the intervention of local or state law enforcement authorities;
(k) Complaints of neglect, exploitation, or
abuse of the applicant, or other adverse environmental conditions affecting the
applicant have been investigated by Protective Services and confirmed pursuant
to Chapter 39, Part II, or Section
415.104, F.S.;
(l) The applicant requires services of
greater intensity.
(6)
"Third priority" crisis category: The applicant's current caregiver is in
extreme duress and is no longer able to provide for the applicant's health and
safety because of illness, injury, or advanced age. The applicant needs
immediate waiver services to remain living with the caregiver or to relocate to
an alternative living arrangement. In such cases, the following indicia,
supported by credible evidence, are relevant to a determination of crisis in
this category:
(a) Without immediate provision
of waiver services, the applicant's health and safety are at imminent
risk;
(b) Other potential
caregivers, such as another parent, stepparent, brother, sister or other
relative or person, are unavailable or are unwilling or unable to provide
care;
(c) The caregiver's physical
or mental condition prevents the provision of adequate care;
(d) The caregiver is deceased, about to
expire, or permanently disabled;
(e) The caregiver's age impairs the
caregiver's ability to provide sufficient care to the applicant;
(f) The caregiver cannot provide sufficient
care because of the age or size of the applicant, or the physical, functional,
or behavioral demands of the applicant;
(g) The services provided by the caregiver
are limited in amount, duration, or frequency, rendering the applicant
semi-dependent or totally dependent;
(h) The caregiver's economic situation is
unstable and unlikely to improve as a result of the care-giving demands of the
applicant;
(i) The caregiver's
obligations to the needs of other dependents prevent the caregiver from
providing the applicant with adequate care, or the caregiver's obligation of
care to the applicant places other dependents at risk of insufficient
care;
(j) Violence or illegal
activities within the applicant's current living environment by the applicant
or others has required intervention by local or state law enforcement
authorities;
(k) Complaints of
neglect, exploitation, or abuse of the applicant, or other adverse
environmental conditions affecting the applicant have been investigated by
Protective Services and confirmed pursuant to Chapter 39, Part II, or Section
415.104, F.S.;
(l) The individual requires services of
greater intensity.
Rulemaking Authority
393.501(1),
393.065 FS. Law Implemented
393.065
FS.
New 9-19-07.
