Medicaid, Guardian Advocacy, and Special Education Law – Gainesville, Florida

My practice is focused on the special care needs of persons with disabilities and the elderly, with emphasis on helping clients receive services that allow them to remain as independent as possible, in the home or the community. Much of my work involves the complex and varied programs offered through Medicaid. For children, many special needs are addressed through the school system and special education law. 

If you need assistance in any of the following areas, please contact me to schedule a consultation.  The initial consultation, up to 30 minutes, is free. The purpose of the consultation is limited to acquiring an understanding of the problem and whether legal assistance might be helpful.  

News Alert: Anyone receiving or providing home health services through Medicaid managed care should be aware of helpful changes coming to this program in 2017 as the result of a settlement agreement in Parrales v. Senior. These will include, among other things, new rules, care planning that is directed by the enrollee, and consideration of the ability and willingness of caregivers to provide support.  Click here to see a brief summary of changes and a link to AHCA’s new policy.  Click here to read a detailed article about these changes and the Medicaid Long-Term Care program in general.

Click on the topic links for Frequently Asked Questions.

Medicaid

  • Home health care services for children with complex medical needs
  • Administrative advocacy with Agency for Health Care Administration (AHCA), Department of Children and Families (DCF), Agency for Persons with Disabilities (APD), or Department of Elder Affairs
  • Service problems with the Medicaid managed care organizations (MCO’s, e.g., United Healthcare, Sunshine Health, or Children’s Medical Services Network) for either Long Term Care or Managed Medical Assistance
  • Eligibility for and receipt of adequate home and community-based services for persons with disabilities or the elderly through:

iBudget Florida Waiver for persons with developmental disabilities
Traumatic Brain and Spinal Cord Injury Waiver and other specialized Waivers
Long Term Care Program Waiver

Special Education

  • Due Process (inadequate notice, hearing rights, etc.) 
  • Eligibility 
  • “504 Plans” and Accommodations 
  • Need for re-evaluation 
  • Inadequate educational progress 
  • Inadequate IEP (insufficient services, no way to measure progress) 
  • Behavioral and discipline problems 
  • McKay Scholarships 

Guardian Advocacy and Less Restrictive Alternatives

  • Guardian Advocacy of the Person, or Property (if limited to government benefits)
  • Durable Power of Attorney
  • Healthcare Surrogate
  • Living Will

By limiting my practice to these areas I have cultivated working relationships with service providers, agency and school district personnel, disability experts, and advocates within the disability rights and elder law community.  I have also developed a deep appreciation for my clients and their caregivers and an awareness of the obstacles they face.  My Medicaid practice is statewide, with clients from all regions of Florida, and involves both administrative advocacy (fair hearings and rule challenges) and state and federal litigation.

 

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