Agency for Persons with Disabilities - Fair Hearings

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Hawke wrote: Fair Hearings> Importance: High>> Members and Friends:>> As many of you may know, on Aug. 8, 2006, the First District issued a> decision requiring that upon demand, an aggrieved person with > developmental> disabilities (Chapter 393 applicant or consumer) is entitled to have his > or>

her challenge heard by a DOAH Administrative Law Judge (ALJ) rather than a> DCF hearing officer. This means that people can request a fair hearing or > a> hearing under Chapter 120 with an Administrative Law Judge.>> APD intends to stop this from happening. In addition to seeking a > rehearing> on the matter, APD has filed a petition with the Administration Commission> (i.e. the Governor and the Cabinet) to allow the Agency to ignore the> Court's decision and continue the use of fair hearings as the only> alternative until at least 90 days after the upcoming legislative session.>> APD only wants to use fair hearings as it has been doing, and wrongly > claims> that Medicaid funds are in jeopardy if the Court's decision is > implemented.> Attorneys from various advocacy groups are constructing a legal argument > to> refute APD's claim.>>

As you know and have shared with us and others, the fair hearings are not> "fair." Hearings before an Administrative Law Judge have certain> characteristics that are believed by some to make them a better venue than> the fair hearings. We believe people are entitled under law to have a> choice, but that neither the fair hearing process currently used by APD or> the ALJ hearing venue are perfect, and would like to work with APD and> others to design a better alternative. We think the Agency may be open to> considering improvements to the fair hearing process.>> In the meantime, we need your help. We need as many people as possible to> tell us in a couple of paragraphs about their experience in the fair > hearing> process. We will summarize what you tell us and use it before the> Administration Commission to help them understand why they should not> approve APD's petition. We

will also use the information to recommend a> more "fair" fair hearing, so please give us your recommendations on how to> change the process. Your confidentiality will be protected, in fact, > names> of those involved in cases you tell us about are not necessary.>> There will also be an opportunity for people to testify before the> Administration Commission when it meets in October. The Governor's and> Cabinet aides (i.e. the Administration Commission) meet on October 11th,> and the actual Administration Commission meeting is scheduled for October> 17th.>> In addition, staff to the Governor and Cabinet will be conducting a public> hearing on September 25th at 1pm here in Tallahassee. The purpose of this> hearing is to learn more about the issue so they can tell their bosses > what> the disability community thinks about APD's request to ignore the Court's>

decision. Please tell me if you are willing to consider testifying in any> of these important meetings.>> We need to have a lot of people up here to make an impact, and also need> information on the experiences with the fair hearings in which they have> participated as soon as possible.>> You are also encouraged to spread the word to others in your network> knowledgeable of the fair hearings process and urge them to advocate on > the> behalf of individuals with disabilities by also sending me information on> their experience with fair hearings and indicating whether they are > willing> to testify.>> Thank you in advance for your help on this important> matter...........regards.........john>> C. Hall> Executive Director> ARC/Florida> 2898 Mahan Dr., Suite 1> Tallahassee, Fl. 32308> > Fax

(850)921-0418>>>>>>