Royer v. Agency for Persons with Disabilities

Appellant, Blake Royer, seeks review of a final order of the Agency for Persons with Disabilities (“the Agency”) assigning him to Tier Three of the Medicaid Developmental Disabilities Home and Community Based Services Waiver Program. Because the Agency misinterpreted and misapplied Florida Administrative Code Rule 65G-4.0027(4) in determining Appellant’s tier assignment, we reverse.

The Agency assigned Appellant to Tier Three because he lived with his sister and he was authorized to receive personal care assistance. Appellant challenged this determination and argued that he should have been…