A. Q. v. Agency for Health Care Administration

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D18-4085 _____________________________ A. Q., Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _____________________________ On appeal from an order of the Agency for Health Care Administration, Office of Fair Hearings. Danielle Thompson, Hearing Officer. January 15, 2020 PER CURIAM. Appellant raises three issues on appeal. We affirm as to issues two and three without further comment. As to the first issue, we affirm on the basis of Cook v. Agency for Persons with Disabilities, 967 So. 2d 1002 (Fla. 1st DCA 2007) (holding that as long as the hearing officer does not apply an impermissible definition of medical necessity in denying services, the decision may be affirmed if there is competent substantial evidence to support the hearing officer’s findings and determination that the services at issue are not necessary, even if the agency uses an impermissibly more restrictive definition). Id. at 1004 (emphasis added). WOLF, B.L. THOMAS, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Rachel Siegel-McLaughlin of Disability Rights Florida, Tallahassee, for Appellant. Tracy Cooper George, Chief Appellate Counsel, Agency for Health Care Administration, Tallahassee, for Appellee. 2