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BELL v. AGENCY FOR HEALTH CARE ADMIN.

No. 1D99-3318.

768 So.2d 1203 (2000)

Willard BELL, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

District Court of Appeal of Florida, First District.

September 28, 2000.

Attorney(s) appearing for the Case

Anne Swerlick and Cindy Huddleston of Florida Legal Services, Inc., Tallahassee; Miriam Harmatz of Florida Legal Services, Inc., Miami; and Paulette Ettachild of Legal Services of the Florida Keys, Key West, Attorneys for Appellant.

Kathryn L. Kasprzak and Simone Marstiller of the Agency for Health Care Administration, Tallahassee, Attorneys for Appellee.

BOOTH, Judge.

Appellant challenges the validity of Florida Administrative Code Rule 59G-4.070 ("Florida Rule"), dealing with durable medical equipment ("DME"), on the ground that it does not comply with federal mandates. The ALJ concluded the Florida Rule is not invalid. We disagree, and reverse the Final Order. § 120.68(7), Fla. Stat.

Medicaid is a joint state and federal program providing medical coverage to low-income persons. A federal agency, the...

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