NOTICE IS HEREBY GIVEN that on October 30, 2009, the Agency for Health Care Administration has issued an order.
Final Order Denying Emergency Petition for Variance or Waiver from Rule 59G-13.083, Florida Administrative Code, and Determining that the Petition is not an Emergency.
September 24, 2009, the Agency for Health Care Administration, received an Emergency Petition for Variance or Waiver from Rule 59G-13.083, Florida Administrative Code, from M.J. by and through A.J. and R.J. (“Petition”). Rule 59G-13.083, Florida Administrative Code, 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”). M.J. seeks a permanent variance or waiver from the portion of the Handbook regarding the service limitation that classifies Companion Services as a Meaningful Day Activity. The Notice of the Petition was published in the Florida Administrative Weekly on October 9, 2009.
On October 30, 2009, AHCA issued a Final Order denying the Petition. AHCA’s findings were two-fold. First, the situation presented in the Petition was not an emergency. Second, the Petition failed to provide facts that constitute competent, substantial evidence, pursuant to Section 120.542(8), Florida Statutes, to support a variance or waiver of Rule 59G-13.083, Florida Administrative Code.
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.