APD Tiers Press Release

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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: gldcst@...Date: Thu, 7 Aug 2008 12:59:15 -0400Subject: RE:The Tears Begin with the APD Tiers

When exactly are the 'tears" expected to fall?

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