NOTICE IS HEREBY GIVEN that on April 29, 2009, the Agency for Health Care Administration has issued an order.
On February 9, 2009, the Agency for Health Care Administration, received a Petition for Variance from Rule 59G-13.083, Florida Administrative Code (“Petition”), from K. S. c/o G. H. (“Petitioner”). Rule 59G-13.083, Florida Administrative Code (“F.A.C.”), entitled Developmental Disabilities Waiver Services, governs all developmental disabilities waiver services providers enrolled in the Florida Medicaid program, and incorporates by reference the Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook, July 2007 (“Handbook”). Petitioner seeks variance from a portion of the Environmental Accessibility Adaptations provision of the Handbook. The Petition was published in the Florida Administrative Weekly on March 6, 2009. On April 29, 2009, AHCA granted the Petition. The general basis for this decision was that Petitioner met the general requirements for variance:
(a) Petitioner has provided facts that constitute competent, substantial evidence to support a variance of Rule 59G-13.083, F.A.C. If this relief is not granted, the literal application of Rule 59G-13.083, F.A.C., to Petitioner would violate the principles of fairness.
(b) AHCA finds that Petitioner has established that a strict application of Rule 59G-13.083, F.A.C. and the subject handbook provision under the circumstances of this case would lead to unreasonable, unfair, and unintended results, as it may pose a threat to Petitioner’s safety and well-being. Additionally, the cost and financial obligations related to environmental adaptations may pose a substantial hardship for Petitioner.
A copy of the Order may be obtained by contacting: Richard Shoop, Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Mail Station 3, Tallahassee, Florida 32308.