Published on: 16214052. Rule 59G-13.083 is being repealed. Requirements contained within this rule have been updated and moved to Rule 59G-13.070, Developmental Disabilities Individual Budgeting Waiver Services.
Published on: 15636999. On February 3, 2015, the Agency issued a Final Order withdrawing the Petition for variance from or waiver of Rule 59G-13.083, Florida Administrative Code filed by Petitioner, Florida Association of Rehabilitation Facilities on December 30, 2014. Notice of the Petition was published in Volume 41, No. 10, of the January 15, 2015, Florida Administrative Register.
Petitioner sought a variance from or waiver of rule in the Personal Care Assistance Service and In-Home Support Services Limitations set forth on pages 2 - 50 and 2 - 46, respectively, of the Developmental Disabilities Waiver Services Coverage and Limitations Handbook, which is incorporated by reference in Rule 59G-13.083, Florida Administrative Code. Petitioner sought a variance from or waiver of limited provisions of Fla. Admin. Code R. 59G-13.083, amended May 2012, entitled "Developmental Disabilities Waiver Services” (the “Rule”), which incorporates by reference into Rule the Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook, November 2010 (the “Handbook”).
Petitioner sought a variance from or waiver of the Handbook provision, pages 2 – 50, which states the following limitation: “Recipients who receive in-home support services are not eligible to receive personal care assistance.” Further, Petitioner sought a variance from or waiver of the Handbook provision, pages 2 – 46, which states: “…[i]n-home hourly support service may be billed for up to six hours a day in addition to the live in support services if approve by the APD Area Office with concurrence from the APD Central Office.” Petitioner sought a variance from or waiver to enable APD to approve additional quarter hours of service if the conditions of paragraphs A. and B. set forth on pages 2- 46 are not met when more staff assistance is required for in-home live in services.
Published on: 15633992. A Final Order granting the petition for variance from or waiver of Fla. Admin. Code R. 59G-13.083 filed by the Petitioner, A.L., on October 6, 2014. Notice of the petition was published in Volume 40, No. 213, of the October 31, 2014, Florida Administrative Register. Petitioner sought a variance from the requirement on pages 2-56 of the Developmental Disabilities Waiver Services Coverage and Limitations Handbook, which is incorporated by reference into Fla. Admin. Code R. 59G-13.083 that private duty nursing services shall be provided in the recipient’s own home or family home. Petitioner requested a variance allowing the Petitioner to receive private duty nursing services at the school/daycare run by the guardian/caretaker A.M. The Agency’s Order, issued January 5, 2015, granted Petitioner’s request for variance as Petitioner demonstrated that a variance or waiver, as requested, is reasonable under the circumstances and that a strict application of the rule and handbook provisions under the circumstances of this case would lead to unreasonable, unfair, and unintended results.
Published on: 10109551. The purpose of the amendment to Rule 59G-13.083 is to incorporate by reference the revised Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook, November 2010. The revisions will reduce paperwork for providers.
Published on: 9185238. The purpose of the amendment to Rule 59G-13.083, F.A.C., is to incorporate by reference the revised Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook, September 2010. The handbook revises a limited number of substantive areas that are in need of clarification and correction including clarifying documentation requirements, removing references to a previously deleted service, and clarifying coverage for Tier 4.