Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1970
Barcode 083280
CHAMBER ACTION
Senate House
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03/22/2007 09:49 AM .
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11 Senator Rich moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 35, line 27, through
15 page 36, line 29, delete those lines
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17 and insert:
18 393.125 Hearings on appeal of adverse agency action;
19 rulemaking authority Hearing rights.--
20 (1) Fair hearings related to issues before the Agency
21 for Persons with Disabilities shall be held before the
22 Division of Administrative Hearings.
23 (2) The agency shall adopt rules to establish
24 guidelines for administrative hearings which are relevant to
25 the termination, suspension, reduction, or denial of client
26 services. The rules must ensure that the due process rights of
27 the clients of the agency are consistent with Medicaid law.
28 The rules shall also ensure that witnesses appearing on behalf
29 of any party are permitted to appear by telephone or video
30 teleconference.
31 (1) REVIEW OF AGENCY DECISIONS.--
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3:08 PM 03/19/07 s1970c1c-34-tp6
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 1970
Barcode 083280
1 (a) Any developmental services applicant or client, or
2 his or her parent, guardian, guardian advocate, or authorized
3 representative, who has any substantial interest determined by
4 the agency, has the right to request an administrative hearing
5 pursuant to ss. 120.569 and 120.57.
6 (b) Notice of the right to an administrative hearing
7 shall be given, both verbally and in writing, to the applicant
8 or client, and his or her parent, guardian, guardian advocate,
9 or authorized representative, at the same time that the agency
10 gives the applicant or client notice of the agency's action.
11 The notice shall be given, both verbally and in writing, in
12 the language of the client or applicant and in English.
13 (c) A request for a hearing under this section shall
14 be made to the agency, in writing, within 30 days of the
15 applicant's or client's receipt of the notice.
16 (3)(2) REVIEW OF PROVIDER DECISIONS.--The agency shall
17 adopt rules to establish uniform procedures guidelines for the
18 agency and service providers relevant to termination,
19 suspension, or reduction of client services by the service
20 provider. The rules shall ensure the due process rights of
21 service providers and clients.
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25 And the title is amended as follows:
26 On page 4, line 1, after the semicolon,
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28 insert:
29 requiring that the rules ensure that the due
30 process rights of the clients of the agency are
31 consistent with Medicaid law;
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