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 ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE NO.:RULE TITLE:

59G-13.083Developmental Disabilities Waiver Services

The Agency for Health Care Administration hereby gives notice:

A Final Order has been issued granting the petition for variance from or waiver of Rule 59G-13.083, Florida Administrative Code, 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 Rule 59G-13.083, F.A.C., 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.

A copy of the Order or additional information may be obtained by contacting: Melanie Dyals, Assistant to the Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, MS 3, Tallahassee, Florida 32308, by email: [e-mail] or by telephone: [phone].