Planning Ahead - Florida Developmental Disabilities Council

family member receives services. Describe the problem and efforts you havetaken to reach resolution. Again include information about dates, names and titlesof persons you have contacted as well as a copy of your original letter describingyour problem. Credibility and good communication are essential, but keep theinformation in the letter brief and to the point. Be sure to include a phone numberwhere you can be reached.• In the letter, ask for something specific. Be clear about what you wish to havedone. Ask for a written response by a certain date. (Ten working days is usuallya fair amount of time.) A written answer is important because this usually is thestart date for any negotiation or appeal process.• Mark on your calendar the date you expect a response. If you don’t receive one,follow up with a phone call to that person. Make written notes of the date andtime you call, the person with whom you speak, and key conversation points.• If you do not receive a response within ten working days, work your way up to thenext level of supervision. (In the Agency for Persons with Disabilities this wouldbe a position at the Central Office in Tallahassee - you can obtain the name andtitle of this person by calling 850-488-4877). Write that person advising him ofefforts you have made to reach resolution. Always put your request in writing,keeping a copy of all details.• It will usually not be necessary to go to higher levels. If your issue is related tostatewide legislation or funding, you may wish to contact your local state legislatoror the Governor’s office. Sometimes as a last resort the media might be helpful.• Remember, in some situations, you may win only in the sense that you have yourvoice heard and you get on the record with your complaint. If you exhaust all ofthe measures described above to no avail, it would be time to ask the AdvocacyCenter for Persons with Disabilities or your own attorney to get involved. Providethem with all of the detailed information you have been accumulating.DUE PROCESS RIGHTSYou may appeal any decision made by the Agency for Persons with Disabilities under two authorities:• Chapter 120, F.S., which provides “administrative hearings,” and• Chapter 42, §431.200, Code of Federal Regulations, which is used to challengeappeals relating to Medicaid services.Administrative hearings under Chapter 120, F.S., are available whenever the Agency for Personswith Disabilities denies a service or fails to act on a request you made for assistance. To obtainan administrative hearing you must request the hearing, preferably in writing, to the Agency forPersons with Disabilities Administrator in the area where your family member resides, or youmay appeal to the Office of Appeal Hearings in Tallahassee. You must request this hearing nolater than ninety (90) days from the date you received notice of the Agency’s actions. The supportcoordinator or the local Agency for Persons with Disabilities office will help you make yourrequest.24Chapter 5, Advocating & Coordinating Care