Emergency rule on the tiers.

The Agency for Persons with Disabilities (APD) has filed an emergency rule so that it can resume its implementation of the waiver tiers. The emergency rule was filed with the Florida Department of State on November 16, 2009. APD has taken this action in order to protect the health, safety, and well-being of the people it serves. The rule became effective immediately after filing.

The emergency rule replace the administrative rule that was recently invalidated in a hearing on a case before the First District Court of Appeal, Moreland vs. APD, on October 8, 2009. From that date until November 16, APD has been unable to change an individual's level of service, except on an emergency basis. Changes made on an emergency basis are effective only for 30 days. Because APD provides services to individuals whose needs and conditions change over time, the inability to respond to those needs and conditions for longer periods may jeopardize their health and safety.