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. ...

 

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:

On February 3, 2015, the Agency issued a Final Order withdrawing the Petition for variance from or waiver of Rule 59G-13.083, F.A.C., 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 Rule 59G-13.083, F.A.C., 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.

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, Building 3, MS 3, Tallahassee, Florida 32308 or by telephone: [phone].