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K.A., Appellant, v. SUNSHINE HEALTH PLANS, INC., Appellee.
This appeal involves a denial of Medicaid long-term care (LTC) benefits. Appellant is an enrolled member of Sunshine State Health Plan's LTC program. Sunshine has a contract with Florida's Agency for Health Care Administration to provide Medicaid benefits. The program covers, among other things, “[h]ome accessibility adaptation.” § 409.98(7), Fla. Stat. After a contractor's work caused water damage in Appellant's home, Appellant sought Medicaid coverage through Sunshine to obtain home repairs and replacement furniture. Appellant eventually received a Medicaid Fair Hearing from AHCA, see Fla. Admin. Code R. 59G-1.100, where Appellant's claim was denied. The hearing officer's Final Order found that Appellant's claim was not covered under Florida Medicaid's LTC coverage rules and belongs in civil court.
Appellant filed a timely appeal in this court. But his (amended) initial brief fails to identify or argue how the hearing officer committed legal error. Thus, any claim for error has been waived. See V.T. v. Liberty Dental Plan of Fla., Inc., 338 So. 3d 989, 990 (Fla. 3d DCA 2022) (affirming an AHCA final order where an appellant-Medicaid recipient's initial brief failed to identify specific errors); Doe v. Baptist Primary Care, Inc., 177 So. 3d 669, 673 (Fla. 1st DCA 2015) (“An appellant who presents no argument as to why a trial court's ruling is incorrect on an issue has abandoned the issue.”).
AFFIRMED.
PER CURIAM.
LEWIS, ROBERTS, and OSTERHAUS, JJ., concur.
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Docket No: No. 1D22-1268
Decided: May 24, 2023
Court: District Court of Appeal of Florida, First District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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