Dykes v. Dudek Settlement Agreement Summary

On July 2, 2012, the Dykes v. Dudek lawsuit was settled. Under the settlementagreement the Agency for Persons with Disabilities (APD) and the Agency for Health Care Administration (AHCA) will engage in the activities described in this Settlement Agreement Summary. The agreement addresses five key areas:

  • Residents of ICF/DDs and Nursing Homes
  • Crisis
  • Individual Family Support (IFS) Funds
  • Waitlist Strategic Planning Workgroup
  • Employment

Visit our Newsroom to read the

Settlement Agreement Summary.

FASC Update: Florida Budget Deficit

Hi to all SC’s and providers:    Please see the news clip below about the State revenue issues (oops not included in this blog).  It does not sound good for this year and the upcoming budget.  FASC has met with Jim DeBeaugrine, Interim Director for APD about this and other issues.  Mr. DeBeaugrine is advocating for these reductions to be taken administratively rather than any additional reductions in rates to providers or services reductions for individuals.  We are hopeful that he will be successful in this attempt.  

FASC has also been meeting with AHCA and APD staff on the billiing issues with EDS and are working on resolutions with other providers with regard to these issues.  Will send out more information as we get some confirmation on steps to be taken. 
FASC participated in a Stakeholders meeting with other groups on 08/04/08 including Family Care Council, DD Council, Advocacy Center, Florida ARF, Autism Society, and ARC/Florida.  This was a preliminary meeting to discuss the upcoming sessions and possible issues that might face the developmental disabilities community overall.  We will be working on some common goals over the next several weeks to present to Legislators.  One primary goal for all stakeholders was to have no more cuts to services.   There was also concern expressed about the wait list and ways to help address the needs of those waiting for services.

FASC will update you on the status of the rule hearing on the implementation of the tiers as soon as that information is available.  There seems be information that this is a “lawsuit agains the tiers.”  This is, in fact, a rule challenge on the implementation of the tiers.  The tiers are written into law and will be implemented.  The question remains as to how the APD will implement the tiers.

Stay tuned…Janice Philips of FASC.  

E-Mail received  from a Professional and  an Advocate

For what it’s worth, I personally CONTINUE to be concerned that FASC uses the state APD central program office as their sole source of information. APD’s interpretation may be correct regarding the–perhaps not unimportant–semantics of this being a legal challenge vs a lawsuit.
It will be very important if someone then decides to sue should the state win and the Advocacy Center lose.  As an example take the ‘sooner or later’ comment Janice makes. Is she sure? My understanding of law at that level is that just because something becomes law does not mean they are actually final.
Consider how many laws we have been taught have been found to be unconstitutional for example. My understanding of what could happen is the law would have to be changed, if successfully challenged.  I presume at the Florida Supreme Court level at least–good question for a lawyer really.
We all know that there is a tension that sometimes exists between the legislative and judiciary branches of government at any level. Just some examples that come up on a quick Google search of ‘Statutes overturned by the judiciary’ (*NO implications on me on the search results, please–they are just the first to return!):

Judicial Review

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Judicial Review, the power of courts to review statutes and governmental actions to determine whether they conform to rules and principles laid down in constitutions. Judicial review is based on the idea that a constitution—which dictates the nature, functions, and limits of a government—is the supreme law. Consequently, any actions by a government that violate the principles of its constitution are invalid.
*or full read at:

Look–I get many reminders across my computer screen daily (daily) reminding me that things are not always going to stay the way they currently are. But it just seems conceptually wrong to let APD define a vision of ‘what will be.’