The Agency for Persons with Disabilities (APD) is considering
its options after U.S. District Judge Robert Hinkle granted a
preliminary injunction last week to six plaintiffs who requested a
hearing to appeal their tier placement.
The judge said, “As required by the Legislature, the Agency set
about assigning the waiver program beneficiaries to the tiers. It was
an enormous undertaking. The Agency went to commendable lengths to
try to make each decision correctly.”
Of the approximately 5,500 people who requested hearings, about
1,800 people did not have a financial reduction to their current
services. The agency found more than 750 hearing requests legally
sufficient. The agency applied state and federal standards to the
hearing requests. Everyone whose request was denied was given an
opportunity to appeal the denial. Judge Hinkle disagreed with the
agency’s application of the federal standard. He determined that the
federal standard was lower than the state standard and that the six
plaintiffs did not have to appeal in state court. He ruled the six
plaintiffs should receive a hearing before services are reduced.
Since June 16, the agency has not been enforcing tier
assignments on beneficiaries whose hearing requests were denied
because they were insufficient.
APD Director Jim DeBeaugrine said, “The Agency’s primary
concern has been and continues to be protecting the health, safety,
and welfare of
the people we serve. We are happy that the judge acknowledges the
diligent effort our agency has made to protect the rights of the
people we serve, and to follow the law. We appreciate the judge’s
careful consideration of the facts in this case.”
The agency has 30 days to determine if it wants to appeal the
decision.
Melanie Mowry Etters, APR, CPRC, CPM
Communications Director
Agency for Persons with Disabilities (APD)
4030 Esplanade Way, Suite 380
Tallahassee, FL 32399-0700