Florida District Courts of Appeal, 2012

V.D. v. Agency for Persons with Disability

V.D. v. Agency for Persons with Disability
Florida District Courts of Appeal · Decided April 27, 2012 · Davis, Ray, Thomas
134 So. 3d 991; 2012 WL 1449269; 2012 Fla. App. LEXIS 6540 (Southern Reporter, Third Series)

V.D. v. Agency for Persons with Disability

Opinion of the Court

PER CURIAM.

Appellant seeks review of a final order of the Agency For Persons With Disabilities assigning her to Tier Three of the Medicaid Home & Community Based Services (DD Waiver) Program. Because the Agency misinterpreted and misapplied Rule 65G-4.0027(4), Florida Administrative Code, in determining Appellant’s tier assignment, we reverse and remand with directions to comply with the reasoning set forth in Newsome v. Agency For Persons With Disabilities, 76 So.3d 972 (Fla. 1st DCA 2011).

REVERSED and REMANDED with directions.

DAVIS, THOMAS, and RAY, JJ., concur.

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