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

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA V. D., Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-4661 AGENCY FOR PERSONS WITH DISABILITY, Appellee. _____________________________/ Opinion filed April 27, 2012. An appeal from an order of the Agency of Persons with Disabilities. 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, 76 So. 3d 972 (Fla. 1st DCA 2011). REVERSED and REMANDED with directions. DAVIS, THOMAS, and RAY, JJ., CONCUR. 2

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