On March 28, 2016, the Agency issued a Final Order Denying Petition for Variance from or Waiver of Fla. Admin. Code R. 59G-13.070. The Agency’s order was filed in response to a Petition for Variance from or Waiver of Rule 59G-13.070 (“Petition”), ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

The Agency for Health Care Administration hereby gives notice:

On March 28, 2016, the Agency issued a Final Order Denying Petition for Variance from or Waiver of Florida Administrative Code Rule 59G-13.070. The Agency’s order was filed in response to a Petition for Variance from or Waiver of Rule 59G-13.070 of the Florida Administrative Code (“Petition”), filed on behalf of the Petitioner, A.G., on December 29, 2015. Notice of the Petition was published in Volume 42, No. 7, of the January 12, 2016, 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 failed to establish that the 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].