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V.D. v. AGENCY FOR PERSONS WITH DISABILITY

No. 1D11-4661.

134 So.3d 991 (2012)

V.D., Appellant, v. AGENCY FOR PERSONS WITH DISABILITY, Appellee.

District Court of Appeal of Florida, First District.

April 27, 2012.

Attorney(s) appearing for the Case

Laura M. Pichardo , of Community Legal Services of Mid Florida, Inc., Orlando, for Appellant.

Melissa Ellen Dinwoodie , of Agency for Persons with Disabilities, Tallahassee, for Appellee.

PER CURIAM.

Appellant seeks review of a final order of the Agency For Persons With Disabilities assigning her to Tier Three of the Medicaid Home & Community Based Services (DD Waiver) Program. Because the Agency misinterpreted and misapplied Rule 65G-4.0027(4), Florida Administrative Code, in determining Appellant's tier assignment, we reverse and remand with directions to comply with the reasoning set forth in Newsome v. Agency For Persons With Disabilities...

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