64DER26-7 (64D-4.002) Definitions.

For the purpose of Emergency Rules 64DER26-8 and 64DER26-9, the words and phrases below are defined as follows:

1. (1) “Federal Poverty Level” – the poverty income guidelines (effective January 2026) as published by the U.S. Department of Health and Human Services, which is incorporated by reference and available at https://www.floridahealth.gov/wp-content/uploads/2026/02/FPL-2026-FederalRegister.pdf.
2. (2) “Household Income” – income from all sources received by the applicant, the applicant’s spouse (if married), anyone who lives with the applicant who the applicant can claim as a dependent on their taxes, and anyone who lives with the applicant and claims the applicant as a dependent on their taxes.
3. (3) “Household Size” – the number of persons in an applicant’s household, which includes the applicant, the applicant’s spouse (if married), all persons the applicant could claim as dependents on their taxes, and anyone living with the applicant who could claim the applicant as a dependent on their taxes.

4. (4) “HIV/AIDS Patient Care Programs” – include the following programs:

   1. (a) Ryan White Part B Consortia Program, a federal grant program authorized by 42 U.S.C. §300ff-23, that assesses the service needs of persons living with HIV/AIDS in an area that received Ryan White Part B funding, and secures providers to deliver the needed core medical and support services based on available funding;
   2. (b) Ryan White Part B AIDS Drug Assistance Program (ADAP), a federal grant program that provides medications to uninsured or underinsured individuals living with HIV/AIDS disease, authorized under 42 U.S.C. §300ff-26. Services are provided through the distribution of medications directly to eligible individuals;
   3. (c) ADAP Program for Medication Co-Payment and Medication Deductibles, a component of ADAP designed to assist eligible individuals, as defined in Emergency Rule 64DER26-9, F.A.C., who have insurance and need assistance with medication copays, and/or medication deductibles; and
   4. (d) HIV/AIDS patient care programs provided by the patient care networks, as defined in rule 64D-2.001, F.A.C., and county health departments as administered by the Florida Department of Health, Bureau of Communicable Diseases.
5. (5) State Housing Opportunities for Persons with AIDS (HOPWA) Program, as defined by 24 C.F.R. Part 574 (04/01/13), a housing program, funded by the U.S. Department of Housing and Urban Development and administered by the state, that is intended to prevent the condition of homelessness from occurring to individuals or families living with HIV/AIDS; or if already homeless, to transition the individuals or families back into stable housing as soon as possible, as well as to create a strategy for long-term housing stability for persons living with HIV/AIDS. The program funds short-term rent, mortgage and utility assistance, permanent housing placement, transitional housing, resource identification and case management.

6. (6) “Low Income” – is defined as follows:

   1. (a) For ADAP, ADAP Program for Medication Co-Payment and Medication Deductibles, and all other HIV/AIDS Patient Care Programs under paragraphs 64DER26-7(4)(a) and (d), F.A.C., adjusted gross household income at or below 400 percent of the Federal Poverty Level.
   2. (b) For HOPWA, 80 percent of a county’s median income, as defined by the U.S. Department of Housing and Urban Development, County Income Limits 2025, effective April 01, 2025, which is incorporated by reference and is available at https://www.floridahealth.gov/wp-content/uploads/2026/02/Median-County-Income_2025.pdf.

7. (7) “Notice of Eligibility” – a document issued by the department, a Ryan White Part A program, or a contractor or subcontractor of either entity, that indicates an individual meets the eligibility requirements to receive allowable Ryan White services, as stated in Emergency Rule 64DER26-8, F.A.C., and that lists, at a minimum, the individual’s name, address, household size and income, which must meet the definition of low income. HYPERLINK "https://www.flrules.org/gateway/reference.asp?NO=Ref-12884"

   

   

   

   

Rulemaking Authority 381.0011(2), 381.003(2) FS. Law Implemented 381.0011, 381.003(1)(b) FS. History–New 1-23-07, Amended 8-31-07, 3-21-08, 10-27-08, 3-30-09, 7-4-16, 5-5-21, 10-12-22, Supersedes 64DER26-4, 3-24-26.