I.B., EX REL. R.B. v. AHCA.

No. 3D11-596.

87 So.3d 6 (2012)

I.B., by and through his next friend and parent, R.B., Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 11, 2012.


Attorney(s) appearing for the Case

Christopher T. White , for appellant.

Tracy Lee Cooper , for appellee.

Before SHEPHERD, LAGOA, and FERNANDEZ, JJ.


FERNANDEZ, J.

I.B. appeals the final order of the Florida Department of Children and Families' Office of Appeal Hearings, affirming the Agency for Health Care Administration's decision to reduce Medicaid-funded personal care assistance hours based on a Medicaid regulation in Florida that prohibits the hours be used for transporting recipients. We reverse and remand, concluding that the hearing officer erroneously relied upon an incorrect and inapplicable rule from...

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