Florida Administrative Code

Rulemaking Authority 499.05 FS. Law Implemented 381.83, 499.051(5) FS. History-New 12-12-82, Formerly 10D-45.57, Amended 7-1-96, Formerly 10D-45.057, Transferred to 61N-1.021.

Rulemaking Authority 499.701 FS. Law Implemented Part III of Chapter 499 FS. History-New 11-26-86, Formerly 10D-45.58, Amended 2-4-93, 7-1-96, Formerly 10D-45.058, Transferred to 61N-1.022.

Rulemaking Authority 499.014, 499.05 FS. Law Implemented 499.01, 499.012, 499.0121, 499.014 FS. History-New 7-1-96, Formerly 10D-45.059, Amended 1-26-99, 4-17-01, Transferred to 61N-1.023.

Rulemaking Authority 499.039, 499.05, 499.701 FS. Law Implemented 499.012, 499.039, 499.05, 499.066, 499.067, 499.701, 499.72 FS. History-New 7-1-96, Formerly 10D-45.0595, Amended 1-26-99, 4-17-01, 1-1-04, 2-24-05, 9-22-09, Transferred to 61N-1.024.

Rulemaking Authority 499.003, 499.0121, 499.0122, 499.013, 499.014, 499.05 FS. Law Implemented 499.003, 499.012, 499.0121, 499.0122, 499.013, 499.014, 499.051, 499.052 FS. History-New 8-6-06, Amended 9-5-07, Transferred to 61N-1.025.

Rulemaking Authority 499.029(8) FS. Law Implemented 499.029 FS. History-New 8-6-07, Transferred to 61N-1.026.

For the purpose of authorizing an oral prescription of a controlled substance listed in Schedule II of the Federal Controlled Substance Act, the term "emergency situation" means those situations in which the prescribing practitioner determines: (1) That immediate administration o…

Rulemaking Authority 154.04(1)(c) FS. Law Implemented 154.04(1)(c) FS. History-New 1-12-87, Amended 3-30-89, 4-13-94, 5-15-96, Formerly 10D-96.002, Repealed 12-29-16.

Rulemaking Authority 154.04(1)(c) FS. Law Implemented 154.04(1)(c) FS. History-New 1-12-87, Amended 3-30-89, 4-13-94, 5-15-96, Formerly 10D-96.003, Repealed 12-29-16.

Specific Authority 381.0203 FS. Law Implemented 381.0203 FS. History-New 4-24-94, Amended 5-30-96, Formerly 10D-128.001, Amended 10-3-05, Repealed 3-19-12.

Specific Authority 381.0203 FS. Law Implemented 381.0203 FS. History-New 4-24-94, Amended 5-30-96, Formerly 10D-128.003, Amended 10-3-05, Repealed 3-19-12.

For the purpose of this rule chapter, the following definitions will apply: (1) "Enrollment" means the process of being registered as an integrated family health services client. (2) "Family" means one or more persons living in one dwelling place who are related by blood, marriag…

(1) Income eligibility shall be determined for all clients receiving a service for which a fee is allowed to be charged. (2) Any client who elects to waive the eligibility determination process shall be assigned to the full fee category. (3) If there is no fee for a service, inco…

(1) Clients shall be required to sign a self-declaration statement of income, specifying all gross income available to the client and the number of people dependent upon that income. (2) The self-declaration statement shall include a signed acknowledgement that the statement is t…

(1) No charge for the cost of vaccine shall be assessed for any vaccine purchased under federal contracts, regardless of funding source. (2) Services with vaccines purchased through federal contracts shall not be denied if the client is unable to pay. (3) Administrative, gate, fl…

Rulemaking Authority 154.011(5) FS. Law Implemented 154.011 FS. History-New 10-14-93, Formerly 10D-121.006, Amended 6-17-03, Repealed 4-29-12.

(1) Persons with net family incomes between 101 and 200 percent of the Health and Human Services Poverty Guidelines for the 48 Contiguous States and the District of Columbia (Poverty Guidelines), as published in the January 18, 2018 rendition of the Federal Register, incorporated…

(1) CHD directors/administrators and their subcontractors have the authority to reduce or waive charges in situations where a person with an income above 100 percent of poverty is unable to pay. (2) Clients may request a review of their fee charge on the basis that they have seve…

Rulemaking Authority 154.011(5) FS. Law Implemented 154.011 FS. History-New 10-14-93, Amended 8-2-94, 4-29-96, Formerly 10D-121.009, Amended 6-17-03, Repealed 4-29-12.

Rulemaking Authority 154.011(5) FS. Law Implemented 154.011 FS. History-New 10-14-93, Amended 8-2-94, Formerly 10D-121.010, Repealed 4-29-12.

Rulemaking Authority 154.011(5) FS. Law Implemented 154.011 FS. History-New 10-14-93, Amended 8-2-94, Formerly 10D-121.011, Repealed 4-29-12.

Rulemaking Authority 154.011(5) FS. Law Implemented 154.011 FS. History-New 10-14-93, Amended 8-2-94, 9-25-95, Formerly 10D-121012, Repealed 4-29-12.

(1) Title 7 Code of Federal Regulations, Part 226, as published January 1, 2009, and Title 7 Code of Federal Regulations, Parts 3015 and 3016, as published in the January 1, 2009, edition of the Code of Federal Regulations are hereby adopted and incorporated by reference A copy o…

(1) To participate in the Child Care Food Program, all child care facilities and family day care homes must hold a current and valid license pursuant to Chapter 402, F.S., unless exempt from such license requirements. (2) Day care home and child care center sponsoring organizatio…

(1) The governing board of institutions holding federal tax-exempt, not-for-profit status shall have a majority of its members residents of the county in which the institution is located. (2) The board shall establish in writing, the purpose or purposes for which the institution …

All food service management companies intending to provide meals for children in participating child care centers shall submit to the Department of Health, Bureau of Child Care Nutrition Services, documentation evidencing appropriate state approval to operate a food service facil…

The purpose of this rule is to establish a procedure for the distribution of insulin to financially disadvantaged bona fide Florida residents with diabetes. Rulemaking Authority 385.204 FS. Law Implemented 385.204 FS. History-New 12-19-00.

(1) "Bona fide resident" means a person living in Florida with the intent to remain. (2) "Current prescription" means a prescription written by a licensed health care practitioner who is authorized by law to prescribe medicine within 3 months of application and effective for up t…

(1) A person wishing to participate in the insulin distribution program can obtain an application from any county health department. The application is form number DH2105, 3/07, "Insulin Distribution Program Application" which is incorporated herein by reference. A copy of this f…

For the purpose of this rule chapter, the following definitions will apply: (1) "CHD" means County Health Department. (2) "Client" means a woman who has been approved and is presently enrolled in the Program. (3) "Continuation of Services" means the amount of time the Program is …

In order to be eligible for family planning services under the Program: (1) The waiver applicant must have lost full Medicaid eligibility; (2) The waiver applicant must be eligible for the Program on or after December 1, 2006; (3) The waiver applicant must be actively seeking fam…

(1) Waiver applicants shall give written consent before the CHD can obtain or authorize the release of financial and medical information for the purpose of determining Program eligibility. Eligibility information will be obtained by filling out form DOH 3212 as referenced in Rule…

The Program covers only family planning services and consensual outpatient surgical sterilization up through twenty-four (24) months subsequent to the loss of full Medicaid. Rulemaking Authority 154.011, 381.0011(13), 381.0051(7) FS., Law Implemented 154.011, 381.0051 FS. History…

Clients will be enrolled in the Program under the following conditions: (1) The waiver applicant must self-declare that she is not pregnant at the time of application. (2) The waiver applicant must be actively seeking family planning services. (3) The waiver applicant must not ha…

Minors, under age 18, will not receive a notice of service and eligibility and will have to meet the eligibility determination as outlined under Rule 64F-19.002, F.A.C. Minors will request to apply if they have lost Medicaid eligibility. Rulemaking Authority 154.011, 381.0011(13)…

For the purposes of the Program the following services are not covered: (1) Infertility services; (2) Abortion services; and, (3) Vasectomies. Rulemaking Authority 154.011, 381.0011(13), 381.0051(7) FS. Law Implemented 154.011, 381.0051 FS. History-New 8-9-04, Amended 2-17-08.

(1) During the maximum two (2) year eligibility period, a client must reapply at the end of the first twelve (12) month period in order to receive benefits for the second twelve (12) month period. (2) A client shall become eligible for the Program after she loses Medicaid eligibi…

(1) Clients who fail to reapply annually will be automatically terminated from the Program. (2) If a service provider is required to reduce or withhold services to clients due to limitations in resources, the provider must give clients thirty (30) days written notice and provide …

(1) Waiver applicants will be afforded fair hearing due process as outlined in 42 C.F.R. §431.200-246, as published in the October 1, 2006, Code of Federal Regulations. (2) Waiver applicants and clients shall receive written notice when a decision is made to deny or approve servi…

The following form used by the Department in its dealings with the public is listed as follows and is hereby adopted and incorporated by reference, and can be obtained from the Department office by writing to the Department of Health, Family Health Services, 4052 Bald Cypress Way…

For the purpose of this rule chapter, the following definitions will apply: (1) "Coalition's Service Area" means the geographical area represented by the coalition. This area shall consist of one or more counties and may include one or more services delivery catchment areas. (2) …

(1) Perform an assessment of the prenatal and infant health care needs of the services delivery catchment area or areas represented by the coalition, as described in Section 383.216(2)(a), F.S. This assessment shall include, at a minimum, the following: (a) A demographic and econ…

Prenatal and infant health care coalitions shall be established according to the following procedure: (1) The department shall notify the public of the legislative authorization of coalitions and of the process local communities must follow to seek recognition as a coalition. Coa…

Approval shall be based on receipt of an acceptable application from the prospective coalition which is submitted according to the process outlined in Rule 64F-2.003, F.A.C. and which satisfies the evaluation criteria established by the department as specified in the request for …

(1) Limitation of functions: Coalitions may not be direct providers of prenatal and infant care services. (2) Incorporation: To receive funding, a coalition shall be incorporated as a not-for-profit corporation with the State of Florida, as described in Section 383.216(9), F.S. I…

Rape Crisis Program Trust Fund moneys allocated to the statewide nonprofit association shall be distributed to rape crisis centers based on the Rape Crisis Program Trust Fund Allocation Formula and Spreadsheet (02/2015), which is incorporated by reference and available at http://…

Rulemaking Authority 794.056(2) FS. Law Implemented 794.055(3), 794.056 FS. History-New 9-27-07, Repealed 4-29-12.

(1) Existing FIMR teams, processes, and team members may be utilized in the examination of black fetal and infant deaths. Coalitions participating in this initiative must ensure that members are represented as required by Section 383.2162(5)(c), F.S. (2) Priority of award selecti…

(1) The Department incorporates by reference the forms titled "Fetal Development and Alternatives to Terminating a Pregnancy" to fulfill the requirements of Section 390.0111(3), F.S. These forms are available in English (Form DH 150-997, effective date 10-12), Spanish (Form DH 15…

To be eligible for prenatal services if state funds are used to provide the care, a pregnant woman must: (1) Be a Florida resident, as evidenced by a valid Florida driver's license or identification card; a current utility bill in the person's name including a Florida address; a …