Notice of Variances and Waivers

59G-13.083: Developmental Disabilities Waiver Services
NOTICE IS HEREBY GIVEN that on March 15, 2010, the Agency for Health Care Administration has issued an order.
Denying Petition for Waiver from Rule 59G-13.083, Florida Administrative Code. On December 16, 2009, AHCA received from K.A.P. by and through R.P., a document entitled, “Request for Waiver of Rule,” which is treated as a Petition for Waiver from Rule 59G-13.083, Florida Administrative Code (the “Petition”). Rule 59G-13.083, Florida Administrative Code, entitled Developmental Disabilities Waiver Services, incorporates by reference the Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook, July 2007 (the “Handbook”). K.A.P. seeks a waiver from the portion of the Handbook, which requires that Private Duty Nursing (“PDN”) services be provided in the recipient’s own home or family home. The Notice of the Petition was published in the Florida Administrative Weekly on January 29, 2010.
On March 15, 2010, AHCA issued a Final Order denying the Petition. AHCA determined that 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.