Faille v. Agency for Persons with Disabilities

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…