KAYE v. STATE, DEPT. OF H & R SERV.

No. 94-741.

654 So.2d 298 (1995)

Jean KAYE, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE OF PUBLIC ASSISTANCE APPEAL HEARINGS, Appellee.

District Court of Appeal of Florida, First District.

May 5, 1995.


Attorney(s) appearing for the Case

Sally G. Schmidt of Florida Rural Legal Services, Inc., Lake Worth, for appellant.

Karen M. Miller, Dept. of Health and Rehabilitative Services, West Palm Beach, for appellee.


WENTWORTH, Senior Judge.

Jean Kaye appeals the final order of the Office of Public Assistance Appeal Hearings affirming the termination of Kaye's receipt of home and community-based services (HCBS) under the state Medicaid Plan. She argues that the hearing officer's finding that she no longer met the level-of-care requirement for eligibility is not based on competent and substantial evidence. We agree and, for the following reasons, reverse.

The HCBS Medicaid...

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