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APD Evaluating Options

Tallahassee - The Agency for Persons with Disabilities (APD) is considering its options after U.S. District Judge Robert Hinkle granted a preliminary injunction last week to six plaintiffs who requested a hearing to appeal their tier placement.

The judge said, "As required by the Legislature, the Agency set about assigning the waiver program beneficiaries to the tiers. It was an enormous undertaking. The Agency went to commendable lengths to try to make each decision correctly."

Of the approximately 5,500 people who requested hearings, about 1,800 people did not have a financial reduction to their current services. The agency found more than 750 hearing requests legally sufficient. The agency applied state and federal standards to the hearing requests. Everyone whose request was denied was given an opportunity to appeal the denial. Judge Hinkle disagreed with the agency's application of the federal standard. He determined that the federal standard was lower than the state standard and that the six plaintiffs did not have to appeal in state court. He ruled the six plaintiffs should receive a hearing before services are reduced.

Since June 16, the agency has not been enforcing tier assignments on beneficiaries whose hearing requests were denied because they were insufficient.

APD Director Jim DeBeaugrine said, "The Agency's primary concern has been and continues to be protecting the health, safety, and welfare of the people we serve. We are happy that the judge acknowledges the diligent effort our agency has made to protect the rights of the people we serve, and to follow the law. We appreciate the judge's careful consideration of the facts in this case."

The agency has 30 days to determine if it wants to appeal the decision.

The agency annually serves about 35,000 Floridians with developmental disabilities of mental retardation, autism, cerebral palsy, spina bifida, and Prader-Willi syndrome. For more information on the agency, call 1-866-APD-CARES or visit www.APDCares.org.