On November 18, 2015, the Agency issued a Final Order Temporarily Granting Petition for Emergency Variance from or Waiver of Fla. Admin. Code R. 59G-13.070. The Agency’s order was filed in response to a Petition for Emergency Variance or Waiver of ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.:RULE TITLE:

59G-13.070Developmental Disabilities Individual Budgeting Waiver Services

The Agency for Health Care Administration hereby gives notice:

On November 18, 2015, the Agency issued a Final Order Temporarily Granting Petition for Emergency Variance from or Waiver of Fla. Admin. Code R. 59G-13.070. The Agency’s order was filed in response to a Petition for Emergency Variance or Waiver of Rule 59G-13.070 (“Petition”), filed on behalf of the Petitioner, A.G., on October 19, 2015. Notice of the Petition was published in Volume 41, No. 207, of the October 23, 2015, Florida Administrative Register. Rule 59G-13.070 of the Florida Administrative Code (“Rule”), which applies to all providers of Developmental Disabilities Individual Budgeting Waiver services who are enrolled in the Florida Medicaid program, requires that all providers of Developmental Disabilities Individual Budgeting Waiver services enrolled in the Florida Medicaid program be in compliance with the provisions of the Florida Medicaid Developmental Disabilities Individual Budgeting Waiver Services Coverage and Limitations Handbook, September 2015 (“Handbook”). Petitioner sought a variance from or waiver of the Handbook provision, page 2-97, Limitations and Exclusions, which limits behavior assistant services to a maximum of 32 quarter-hours per day. Based on the information presented in the Petition, the Agency found that Petitioner had temporarily established that a strict application of Rule 59G-13.070 of the Florida Administrative Code and the subject Handbook provisions would lead to unreasonable, unfair, and unintended results.

A copy of the Order or additional information may be obtained by contacting: Richard J. Shoop, Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308, [e-mail], [phone].