District Court of Appeal of Florida

An order denying an application for Medicaid Waiver Services through the Agency of Persons with Disabilities program (APD) is reversed where an administrative hearing officer applied a standard for eligibility contrary to the applicable statute and to the agency's published interpretations for determining whether applicant was developmentally disabled.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• WARNER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Howard M. Talenfeld and Tracey K. McPharlin of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., Fort Lauderdale, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Charles M. Fahlbusch, Senior Assistant Attorney General, Fort Lauderdale, for appellee.