Agency for Persons with Disabilities (APD) Tier Rules

UPDATE

The Moreland, et al v. APD final hearing happened on June 25 and 26, 2008 in Tallahassee, FL, before Administrative Law Judge Eleanor Hunter.

The Advocacy Center and Southern Legal Counsel organizations represented the Petitioners.

Testifying on behalf of the Petitioners were:

Mr. and Mrs. Geraud Moreland, parents of Geraud Moreland, II,
Ms. Sherri Vardas, Mother of Collin Cone,
Ms. Janice Phillips, Support Coordinator and Chair of the Florida Association of Support Coordinators,
Mr. Richard Martin, Support Coordinator and Next Friend of Will Baker, Jr.,
Ms. Deborah Linton, Director of the Florida ARC, and
Petitioners’ expert witness, Ms. Celia Feinstein

Testifying on behalf of APD were:

Mr. James DeBeaugrine, Interim APD Director,
Linda Mabile, APD Bureau Chief for HCBS Services, and
J. B. Black, APD Training and Research Manager

At the beginning of the hearing, APD announced it was withdrawing Proposed Rule 65G-4.0221(3) that would have required the “total billings in any quarter of the state’s fiscal year for any service a client is authorized to receive [to] not exceed twenty-five (25%) of the total annual cost plan budget for that service.”

APD then confirmed it would not make Tier assignments until after the rule challenge litigation is over and only if APD prevails.

Petitioners and APD are both required to file proposed final orders by July 18. The judge will issue her order on July 28.

Keep checking the Advocacy Center’s website for updates.

Your Rights Under Implementation of
the APD Tier System

Please read the fact sheet below for information about the your right under the APD Tier system and the challenge of the proposed rules:

Challenging Tier Placements (PDF, 24k)

Tier Rule Challenge Petition
Filed on May 5, 2008

Petition (PDF, 618k)
Exhibits (PDF, 2.6MB)

Agency for Persons with Disabilities (APD) Tier Rules

UPDATE

Your Rights Under Implementation of the APD Tier System

Tier Rule Challenge Petition Filed on May 5, 2008

Your Rights Under Implementation of
the APD Tier System

Tier Rule Challenge Petition
Filed on May 5, 2008