V.D. v. Agency for Persons with Disability

Full title: V.D., Appellant, v. AGENCY FOR PERSONS WITH DISABILITY, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Apr 27, 2012

134 So. 3d 991 (Fla. Dist. Ct. App. 2012)

Opinion

No. 1D11–4661.

2012-04-27

V.D., Appellant, v. AGENCY FOR PERSONS WITH DISABILITY, Appellee.

An appeal from an order of the Agency of Persons with Disabilities. Laura M. Pichardo, of Community Legal Services of Mid Florida, Inc., Orlando, for Appellant. Melissa Ellen Dinwoodie, of Agency for Persons with Disabilities, Tallahassee, for Appellee.

PER CURIAM.

An appeal from an order of the Agency of Persons with Disabilities.
Laura M. Pichardo, of Community Legal Services of Mid Florida, Inc., Orlando, for Appellant. Melissa Ellen Dinwoodie, of Agency for Persons with Disabilities, Tallahassee, for Appellee.
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.