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RE: APD Tiers Press Release

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does anyone know how this will work with CDC+??

--------- RE:The Tears Begin with the APD Tiers

When exactly are the 'tears" expected to fall?

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From what I understand it will be the same

for CDC+-however no one has confirmed anything and it seems as though there is

nothing we can do about it.

If I am wrong, please advise me

From: sList [mailto:sList ] On Behalf Of JeanC@...

Sent: Thursday, August 07, 2008

10:21 PM

To: sList

Subject: Re: APD

Tiers Press Release

does anyone know how this will work with CDC+??

-------------- Original

message from Nila Benito : --------------

News Release

Agency for

Persons with Disabilities

State of Florida

For Immediate Release: Contact: Mowry Etters

August 6, 2008 Communications Director

Judge Upholds Rule on Disability Waivers

TALLAHASSEE, FL---A judge has issued a final order in

favor of new rules concerning the

delivery of services to Floridians with developmental

disabilities. Administrative Law Judge

Eleanor Hunter ordered today that the rules established by the

state Agency for Persons with

Disabilities (APD) are " not invalid exercises of delegated

legislative authority. "

In 2007, the Florida Legislature required APD to establish four

tiers for the state's Medicaid

developmental disability waivers. The tiers are based on levels of

need. Three of those levels

will have annual caps on spending. The Advocacy Center

for Persons with Disabilities and

Southern Legal Counsel had brought a lawsuit before the Division

of Administrative

Hearings to challenge APD's rules for implementation of the tiers.

Today's ruling permits APD

to proceed with implementation of the Legislature's requirements.

APD Interim Director Jim DeBeaugrine said, " Our agency works

hard to comply with the law,

and today's ruling supports that. Most of our customers will not

be affected by the tiers. But we

recognize that people have fears about possible service reductions.

We are just as concerned as

they are, and we are fully committed to implementing these rules

fairly and carefully. This is a

somber task for us to perform. APD will be more vigilant than ever

before in assisting our

customers through this transition. "

APD will send letters to all of its customers notifying them of

the official start date for the

waiver tiers, which will be October 1. Customers who must reduce

their services will be able to

make choices in order to do so. APD will provide guidance for readjusting

services and

identifying community and nongovernmental supports.

In creating the four " waiver tiers " for individuals who

are receiving waiver services, the

Legislature imposed annual limits on how much the state can spend

for people in three of the

waivers. The four tiers and their annual financial limits are:

Tier One – No cap

Tier Two – Cap of $55,000

Tier Three – Cap of $35,000

Tier Four – Cap of $14,792

In addition, the Legislature established criteria for each of the

four waiver tiers. The criteria

cover the individual’s needed level of service, along with other

important characteristics and the

person’s current living situation. APD is currently determining

which waiver tier is appropriate

for individuals receiving Medicaid Waiver services from APD based

on how their needs and

characteristics match the established criteria. When the waiver

tiers are implemented, each

person will be assigned to, and enrolled in the tier that has been

determined to be appropriate for

them.

The services of most individuals will not be affected by their

tier assignment. The state,

however, may not be able to pay as much for services for some

people, therefore requiring

service reductions. The new waiver system does allow individuals

who have a significant change

in circumstance or condition that impacts their health, safety, or

welfare to migrate from one

waiver to another.

APD currently serves about 35,000 Floridians with developmental

disabilities of mental

retardation, autism, cerebral palsy, spina bifida, and

Prader-Willi syndrome. For more

information on the agency, call 1-866-APD-CARES or visit www.apdcares.org

* * *

REMINDER FOR MEDIA---When reporting on stories about people with

disabilities, remember

to use language that puts the person first, rather than the

disability. For example, use phrases

such as " persons with disabilities " (instead of

" the disabled " ) and " person who uses a

wheelchair " (rather than " wheelchair bound " ).

* * *

NOTICE: Florida

has a broad public records law. Most written communications to or from state

officials are public records that will be disclosed to the public

and the media upon request. Email

communications may be subject to public disclosure.

To: sList

From: gldcstcomcast (DOT) net

Date: Thu, 7 Aug 2008 12:59:15 -0400

Subject: RE:The Tears Begin with the APD Tiers

When exactly are the 'tears " expected to fall?

Your PC, mobile phone, and online services work together like never

before. See

how Windows® fits your life

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