FACTSHEET:YOUR RIGHTS UNDER IMPLEMENTATION OF THE TIER SYSTEM:

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From the Advocacy Center

-----Original Message-----From: Randee

FACT SHEET

YOUR RIGHTS UNDER IMPLEMENTATION OF THE TIER SYSTEM:

CHALLENGING TIER PLACEMENTS

BACKGROUND

In 2007, the Florida Legislature amended section 393.0661, Florida Statutes to implement a four-tiered waiver system to serve clients with developmental disabilities in the DD and Family and Supported Living Waivers. APD published a set of proposed rules to implement the tiers and held a public hearing on April 24, 2008. Four waiver recipients, Southern Legal Counsel and the Advocacy Center for Persons with Disabilities filed a challenge to the proposed rules: Moreland et. al. vs. APD, DOAH case number 08-2199RC. The legal challenge is ongoing and scheduled for trial in June. APD nevertheless issued policies and informational letters to proceed with the tier assignments. APD sent out “informational letters” to waiver recipients. By the end of May, APD planned to send affected waiver recipients a notice letter setting out the tier assignment. According to APD, the tier assignments would take effect on July 1, 2008. Support coordinators were instructed to assist waiver recipients to “reprioritize” the services and submit new support plans with reduced services to meet the tier caps by the middle of June.

EFFECT OF THE CHALLENGE TO THE PROPOSED RULES

n Until an Administrative Law Judge rules on the validity of the proposed rules, the rules cannot come into effect. On May 14, 2008, APD advised that it would delay tier implementation “until further notice” as a result of the Rule Challenge.

WHAT YOU SHOULD DO NOW

At this time, waiver recipients may have received informational letters. YOU DO NOT NEED TO TAKE ANY ACTION. The informational letters are not a notice of tier assignment.

YOUR RIGHTS

When and if you receive a Notice of Tier Assignment, you have the right:

n TO CHALLENGE YOUR TIER ASSIGNMENT

n TO REFUSE TO CHANGE YOUR SUPPORT PLAN TO REDUCE YOUR SERVICES

n TO REQUEST AN ADMINISTRATIVE HEARING and

n TO HAVE YOUR SERVICES CONTINUE IF YOU REQUEST AN ADMINISTRATIVE HEARING WITHIN 10 DAYS.

UPDATES AND OTHER INFORMATION WILL BE PERIODICALY

POSTED ON THE ADVOCACY CENTER WEBSITE

www.advocacycenter.org