BAIN v. AGENCY FOR PERSONS WITH DISAB.

No. 1D12-0901.

98 So.3d 642 (2012)

William BAIN, Appellant, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 16, 2012.


Attorney(s) appearing for the Case

Sarah R. Sullivan of Florida Coastal School of Law Disability and Public Benefits Clinic, Jacksonville, for Appellant.

Richard C. Bellak of Richard C. Bellak, P.A., Tallahassee, for Appellee.


PER CURIAM.

Appellant, William Bain, appeals a final order assigning him to Tier Two of the Medicaid Developmental Disabilities Home and Community Based Services Waiver Program. Because we agree with Appellant that Appellee, the Agency for Persons with Disabilities ("Agency"), erroneously interpreted the pertinent statutes and administrative rules in assigning him to Tier Two, we reverse.

Appellant, who was thirty...

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