Geraud Moreland II, et al v. Palmer,
Case No. 4:12-cv-00585-MW-CAS
(N.D. Fla.)
Rick Scott, Governor
Barbara Palmer, Director
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Geraud Moreland II, et al v. Palmer, Case No.
4:12-cv-00585-MW-CAS (N.D. Fla.)
• Class Action Lawsuit filed on November 7, 2012
• First Amended Class Action Complaint was filed on
December 18, 2012
• Settlement reach on September 13, 2013 at mediation
• Settlement approved and Settlement Class certified
November 27, 2013
iBudget Florida APD
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Geraud Moreland II, et al v. Palmer, Case
No. 4:12-cv-00585-MW-CAS (N.D. Fla.)
Moreland settling parties engaged in extensive
litigation, including but not limited to:
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Written discovery
12 depositions
A motion for preliminary injunction
A motion to dismiss
A disputed motion for class certification
Cross motions for summary judgment
Oral arguments
Evidentiary hearing
iBudget Florida APD
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Who is a Moreland Class Member?
"Settlement Class" shall mean the collective
group of "All individuals who receive services
under Florida's DD waiver who have
received notice of final agency action of a
proposed reduction to the recipient's current
annual budget due to transition to iBudget"
iBudget Florida APD
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Who is a Moreland Class Member?
• “Class Member” shall mean a person who is a
member of the Settlement Class
• “Class Member” includes CDC+ individuals
iBudget Florida APD
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How Will I Know if I Am a Class
Member?
• If you received a notice of reduction to your
tier cost plan during your transition to
iBudget you are part of the Settlement
Class as a Class Member
iBudget Florida APD
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Timeline for Settlement
• November 27, 2013 - Settlement approved by
Court
• December 20, 2013 (estimated) - Reinstatement
notice mailed
• January 15, 2014 - budget restored
• Shortly after January 15, 2014 - Amended Notice
of iBudget Allocation and Reduction of Annual
Funding Amount ("Amended Notice") to be mailed
iBudget Florida APD
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Reinstatement Notice
• APD will reinstate all Class Members’ cost plans on
a pro-rated basis to the level they were prior to
transition to iBudget
iBudget Florida APD
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Reinstatement Notice
•
If you are in the Consumer Directed Care Plus
Program (CDC+), and are a Moreland Class
Member, please note that the CDC+ Monthly
Budget for January 2014 will be increased to
include the prorated reinstatement of funds
•
Purchasing plans will not be required for the
budget increase due to the reinstatement of
funds
iBudget Florida APD
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Amended Notice
• Soon after January 15, 2014, APD will issue the
Amended Notice to all Class Members and at the
same time to their:
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Parents
Guardians
Guardian advocates
Authorized representatives
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Amended Notice
• Authorized representatives include:
– Health care surrogates
– Durable powers of attorney
– Client advocates
•
To the extent they are authorized to receive the
notice
iBudget Florida APD
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Amended Notice
• If you previously requested a hearing, and did not
withdraw the request, you will not need to request a
new hearing. APD will honor that request unless
you ask to have it withdrawn in writing
– If you do not request a hearing per the Amended
Notice your iBudget amount will be reduced to
the amount stated in the Amended Notice
iBudget Florida APD
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Amended Notice
• If you did not previously request a hearing you can
request a hearing once you receive the Amended
Notice
• If your hearing was postponed until this lawsuit was
resolved, the hearing will be scheduled once you
have received your Amended Notice
iBudget Florida APD
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Legal Representative Information and
Primary Language
• APD agreed to modify the Agency’s Allocation
Budget and Contract system (ABC) to include
fields for current information for:
– any authorized representative and
– the primary language for the client
iBudget Florida APD
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Legal Representative Information and
Primary Language
• Waiver support coordinators have been collecting all
relevant addresses and primary language
information for the "Settlement Class"
• Your waiver support coordinator is the person
responsible for verifying your address and primary
language and recording the information into the APD
ABC computer system
iBudget Florida APD
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Legal Representative Information and
Primary Language
• Please confirm with your waiver support
coordinator that she or he has done so
• Waiver support coordinators with APD staff will
continue to collect primary language and legal
representative information for the entire DD
waiver and waiting list individuals
iBudget Florida APD
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Legal Representative Information and
Primary Language
• If you have a primary language other than English, you
and any identified legal representative authorized to
receive a notice in the agency ABC computer system
will receive two notices, one in English and the other in
your primary language
iBudget Florida APD
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What does this mean for you?
1. You will receive a ‘NOTICE OF REINSTATEMENT OF
MEDICAID WAIVER FUNDING’ before January 15,
2014 (English Version Only)
2. You will have your budget restored to it's previous tier
amount on January 15, 2014
iBudget Florida APD
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What does this mean for you?
4. Soon after January 15, 2014, you will receive an
Amended Notice (English and Primary Language)
5. A Notice of Hearing Rights and a Hearing Request
Form will be included in your Amended Notice
iBudget Florida APD
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What does this mean for you?
6. You have up to 30 days from receipt of your
Amended Notice to submit your Hearing Request
Form and maintain your current budget level until a
final hearing decision is reached
7. Once 30 days have passed without a hearing
request your budget will be changed to reflect the
iBudget amount in your Amended Notice
iBudget Florida APD
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What does this mean for you?
If you have already requested a hearing and your
budget was restored to your previous amount, your
budget will remain at that restored amount until the
conclusion of your hearing and a final order is
issued
iBudget Florida APD
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Reinstatement of Funds
• On January 15, 2014, Class Members will have
their budgets restored. The restored amount will
be your tier amount prior to the transition onto
the iBudget waiver
• The restored money will be prorated for six
months and will be added to your current budget
in the iBudget technology system
iBudget Florida APD
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What Will I See In My
Amended Notice?
• This is the Amended Notice of your individual yearly (12
month) funding amount (“iBudget Allocation”) for your
transition into the iBudget Florida Program
• In addition to setting out your iBudget Allocation, it will
describe the reasons for the Agency’s decision on your
funding, as well as the information relied upon in reaching
that decision
• The Amended Notice will also include a Notice of Hearing
Rights and a Hearing Request Form
iBudget Florida APD
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What Will I See In My Notice?
A. Your iBudget Allocation Amount
Your annual cost plan amount prior to iBudget was $______
Your annual iBudget Allocation for July 1, 2013 – June 30,
2014, is: $___________. This is the amount of funding you
have available to spend in each fiscal year (which runs July
1, - June 30) absent a change in your circumstances
This represents a reduction of $________from you annual
cost plan prior to your transition to iBudget
iBudget Florida APD
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What Will I See In My Notice?
• The annual amount will continue until 30 days
have passed without a hearing request, upon
issuance of a final order after your hearing, or
upon entering into a written settlement between
you and the Agency
iBudget Florida APD
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What Will I See In My Notice?
• Your iBudget Amended Notice amount would
continue into next fiscal year 2014 -2015 if no
final order or hearing settlement has occurred
iBudget Florida APD
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What Will I See In My Notice?
B. iBudget Allocation Process
1. Determining the Base Amount
The base amount was adjusted to the amount
of funds appropriated for the iBudget program
by the Florida Legislature. The base dollar
amount is determined by the following factors:
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What Will I See In My Notice?
i.
ii.
Your age (under 21)
Your living setting (family home, supported
living, group home, residential treatment
center)
iii. The answers to QSI (Questionnaire for
Situational Information) 18, 20 & 23, the total
functional raw score on the QSI (questions
14-24), and the total behavioral raw score
on the QSI (questions 25-30)
iBudget Florida APD
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What Will I See In My Notice?
• Your age, living setting, and your score on
your QSI
• The weighted factor for each of these
elements (same for everyone)
• How your funding was adjusted to fit the
appropriation
• Your adjusted base amount (“iB810 Amount”)
was $_______________
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What Will I See In My Notice?
2. Target Allocation – APD calculated the
amount of your currently approved services
in your cost plan at the time of iBudget
implementation as reflected in your sum of
services included in your notice. The total
for these services was $_______________
iBudget Florida APD
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What Will I See In My Notice?
• The services included were: adult day training,
behavior services, consumable medical supplies,
durable medical equipment, in-home-supports,
nursing services, occupational therapy, personal
care assistance, physical therapy, residential
habilitation, respiratory therapy, special medical
home care, supported employment, supported
living coaching, and support coordination
• “Target Allocation” is the greater of this amount
or your iB810 amount
iBudget Florida APD
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What Will I See In My Notice?
3. The Allocation Implementation Meeting –
Extraordinary needs review
• APD directed your support coordinator to
meet with you and/or your legal
representative to discuss your extraordinary
needs to determine whether they could be
met by the Target Allocation
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What Will I See In My Notice?
• Together, you were to fill out an Allocation
Implementation Meeting (AIM) form that was
to be turned in to APD with a Recommended
Cost Plan budget if you believed that an
increase in the Target Allocation was
necessary to meet your extraordinary needs
• “Extraordinary needs” is defined in iBudget
Rule 65G-4-0210(7)
• https://www.flrules.org/gateway/ruleno.asp?id
=65G-4.0210
iBudget Florida APD
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What Will I See In My Notice?
• Your notice will indicate whether APD
received or did not receive an AIM form from
your waiver support coordinator
• APD will also indicate whether other
information was used to make a decision on
your request for an increase in your Target
Allocation
iBudget Florida APD
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What Will I See In My Notice?
• Other Information that APD could have used
to determine your budget included:
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AIM Form
Documents submitted with AIM Form (list)
Support Plan
QSI
Behavioral Plan
Other
iBudget Florida APD
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What Will I See In My Notice?
Based upon the information just listed, APD
decided that:
a. You DO NOT have extraordinary needs that
would require an increase in your Target
Allocation amount. Thus, your iBudget
Allocation is $______________
OR
b. You DO have extraordinary needs that require
an increase of $________in annual funds, thus
your iBudget Allocation is $___________
iBudget Florida APD
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What Will I See In My Notice?
• You will see the reason(s) why APD
increased or did not increase your budget
based after review of any extraordinary
needs
• Included in your notice will be:
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Your EZ iBudget Calculator
List of Services and Annualized Amounts
AIM Worksheet (attachment)
Notice of Hearing Rights
Hearing Request Form
AIM form-if one was completed as part of the
decision process for your iBudget
iBudget Florida APD
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Additional Information
• Your waiver support coordinator can amend
your current service
• You may request additional (new) services to
be approved at your local Regional APD office
• New services will need to be considered
medically necessary and must be supported
by all required documentation
iBudget Florida APD
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Thank You
Please direct your
questions to your local
Regional APD Office
iBudget Florida APD
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