On February 8, 2017, the Agency issued a Final Order Denying Petition for Waiver of Rule 59G-13.070, F.A.C. The Agency’s order was filed in response to a Petition for Waiver of Rule 59G-13.070 – Developmental Disabilities Individual Budgeting Waiver ...

 

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 February 8, 2017, the Agency issued a Final Order Denying Petition for Waiver of Rule 59G-13.070, F.A.C. The Agency’s order was filed in response to a Petition for Waiver of Rule 59G-13.070 – Developmental Disabilities Individual Budgeting Waiver Services (Personal Supports), filed by Petitioner, MacDonald Training Center, Inc., on November 10, 2016. Notice of the Petition was published in Volume 42, No. 229, of the Florida Administrative Register on November 28, 2016. Rule 59G-13.070, F.A.C., 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 waiver of certain Handbook provisions on page 1-18, which prohibits the hiring of personal support providers who do not meet a one year experience requirement. Based on information presented in the Petition, the Agency found that Petitioner failed to demonstrate that the purpose of the underlying statute will be or has been achieved by other means and that application of the rule would create a substantial hardship or violate principles of fairness.

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].