11-0871 BRIAN MICHAEL FAILLE FATHER AND GUARDIAN ADVOCATE/REPRESENTATIVE FOR BRISON GERARD FAILLE, v. AGENCY FOR PERSONS WITH DISABILITIES

State: Florida

Court: Florida First District Court

Docket No: 11-0871

Case Date: 06/01/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BRIAN MICHAEL FAILLE FATHER AND GUARDIAN ADVOCATE/REPRESENTATIVE FOR BRISON GERARD FAILLE, Appellant, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee. _____________________________/ Opinion filed June 1, 2012. An appeal from the Agency for Persons with Disabilities. Mac McCoy, Operations Officer. Nancy E. Wright, Gainesville, for Appellant. Melissa Ellen Dinwoodie, Tallahassee, for Appellee. CASE NO. 1D11-0871 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MARSTILLER, J. Brian Michael Faille is the guardian advocate/representative for his son Brison who suffers mental retardation and a seizure disorder. Brison is a client of the Agency for Persons With Disabilities ("Agency") through which he receives services under the Home and Community-Based ("HCB") Services Medicaid Waiver Program. Mr. Faille challenges an Agency order assigning Brison to Tier Three of the program instead of Tier One. Finding no error in the tier assignment, we affirm the order. Section 393.0661(3), Florida Statutes (2009), creates a four-tiered structure for the HCB waiver program based on the nature and extent of an individual's disabilities and service needs. Each tier has an annual expenditure limit, and the statute directs the Agency to assign clients to one of the four tiers based on specified cost guidelines, reliable assessment instruments, and client

characteristics. In May 2010, the Agency notified Mr. Faille of Brison's assignment to Tier Three. At the time, Tier One had no expenditure limit, while the limit for Tier Three was $35,000. See

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