Fwd: FCC: APD News Release -- Judge Upholds Rule on Disability Waivers

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Family Care Council Communication:

For your information and sharing.

Bob Wessels

Employment Coordinator, Community Outreach, FCC Liaison

Agency for Persons with Disabilities

201 West Broward Blvd., Suite 305

Fort Lauderdale, FL 33301

Tel: - Fax:

Email: _Wessels@...

http://apd.myflorida.com

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The primary mission of the Agency is to support persons with developmental

disabilities in living, learning and working in all aspects of community

life.

----- Forwarded by Wessels/APD/DCF on 08/07/2008 07:56 AM -----

APD News/D20/DCF

Sent by: Jeff

Saulich To

Jeff Saulich/APD/DCF

cc

08/06/2008 04:37

PM Subject

APD News Release -- CORRECTION

CONCERNING EFFECTIVE DATE

News Release

agency for persons with disabilities

S t a t e o f F l o r i d a

For Immediate Release: Contact:

August 6, 2008 Mowry Etter

CORRECTED VERSION 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 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. Although most of our

customers will not be affected by the tiers, we are sensitive to the fact

that our customers have anxiety about possible service reductions. We are

just as concerned as they are, and we are fully committed to assisting them

through this transition. This is a somber task for us to perform, and we

pledge to carry it out with fairness and caring for the people we serve. "

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

official start date for the waiver tiers, which has not yet been

determined. 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

* * *

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. E-mail communications

may be subject to public disclosure.