APD > Media Advisory

On First District Court Decision on Tiers

Tallahassee - The court's opinion on the tier rule has created some uncertainty about tiers and their administration. APD is continuing its evaluation of the effects of the ruling and the Agency's options to respond.

It is very important for APD customers and the public to understand the court's opinion does not eliminate the tiers. The court did not strike down the law. The court's opinion does not cause any automatic changes in tier assignments. The court struck down a rule the agency uses to apply the tiers.

APD had already started the process of amending the rule to make it simpler and easier to apply.

The four tiers created by the Legislature and approved by the federal government remain. The former Home and Community Based Services ("Big Waiver") and Family and Supported Living ("FSL" or "Little Waiver") no longer exist as they did prior to the change in law. Eligibility for each of these two waivers was substantially amended by the Tier law and the federally approved waivers. APD must continue to administer the legislatively-mandated and federally approved eligibility standards according to current law.

For now, APD is placing all tier related actions on hold except emergencies. This means that pending notices of tier changes, whether to a higher or lower tier, will not be sent at this time.

The agency will continue to accept requests for tier changes and service need determinations.

APD will share additional information on this issue as decisions are made related to the tier rule on its Web site.

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.