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The 2025 Florida Statutes
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F.S. 409.285409.285 Opportunity for hearing and appeal.—(1) If an application for public assistance is not acted upon within a reasonable time after the filing of the application, or is denied in whole or in part, or if an assistance payment is modified or canceled, the applicant or recipient may appeal the decision to the Department of Children and Families in the manner and form prescribed by the department.(a) The hearing authority may be the Secretary of Children and Families, a panel of department officials, or a hearing officer appointed for that purpose. The hearing authority is responsible for a final administrative decision in the name of the department on all issues that have been the subject of a hearing. With regard to the department, the decision of the hearing authority is final and binding. The department is responsible for seeing that the decision is carried out promptly. (b) The department may adopt rules to administer this subsection. Rules for the Temporary Assistance for Needy Families block grant programs must be similar to the federal requirements for Medicaid programs. (2) Appeals related to Medicaid programs directly administered by the Agency for Health Care Administration, including appeals related to Florida’s Statewide Medicaid Managed Care program and associated federal waivers, filed on or after March 1, 2017, must be directed to the agency in the manner and form prescribed by the agency. The department and the agency shall establish a transition process to transfer administration of these appeals from the department to the agency by March 1, 2017.(a) The hearing authority for appeals heard by the Agency for Health Care Administration may be the Secretary of Health Care Administration, a panel of agency officials, or a hearing officer appointed for that purpose. The hearing authority is responsible for a final administrative decision in the name of the agency on all issues that have been the subject of a hearing. A decision of the hearing authority is final and binding on the agency. The agency is responsible for ensuring that the decision is promptly carried out. (b) Notwithstanding ss. 120.569 and 120.57, hearings conducted by the Agency for Health Care Administration pursuant to this subsection are subject to federal regulations and requirements relating to Medicaid appeals, are exempt from the uniform rules of procedure under s. 120.54(5), and are not required to be conducted by an administrative law judge assigned by the Division of Administrative Hearings. (c) The Agency for Health Care Administration shall seek federal approval necessary to implement this subsection and may adopt rules necessary to administer this subsection. Before such rules are adopted, the agency shall follow the rules applicable to the Medicaid hearings pursuant to subsection (1). (3) Appeals related to Medicaid programs administered by the Agency for Persons with Disabilities are subject to s. 393.125. History.—s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 283, ch. 77-147; s. 1, ch. 77-174; s. 19, ch. 78-95; s. 120, ch. 97-101; s. 9, ch. 98-152; s. 189, ch. 2014-19; s. 4, ch. 2016-65.
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Annotations, Discussions, Cases:
Cases Citing Statute 409.285
Total Results: 11
57 So. 3d 869, 2011 Fla. App. LEXIS 1429, 2011 WL 362412
District Court of Appeal of Florida | Filed: Feb 7, 2011 | Docket: 60299172
Cited 4 times | Published
incorporate the “fair hearing” process authorized by section 409.285(2), Florida Statutes, pursuant to which the
938 So. 2d 535, 2006 Fla. App. LEXIS 13199, 2006 WL 2251885
District Court of Appeal of Florida | Filed: Aug 8, 2006 | Docket: 1673593
Cited 2 times | Published
assistance payment is modified or canceled." § 409.285(1). It appears that the resumption in developmental
76 So. 3d 972, 2011 Fla. App. LEXIS 18596, 2011 WL 5842798
District Court of Appeal of Florida | Filed: Nov 22, 2011 | Docket: 60304615
Cited 1 times | Published
as this to be provided by DCF pursuant to section 409.285, Florida Statutes. See ch. 2010-157, Laws of
185 So. 3d 1298, 2016 WL 764718
District Court of Appeal of Florida | Filed: Feb 28, 2016 | Docket: 3039864
Published
judges for certain types of proceedings).
Section 409.285, Florida Statutes (2014), expressly authorizes
86 So. 3d 1250, 2012 WL 1559695, 2012 Fla. App. LEXIS 6995
District Court of Appeal of Florida | Filed: May 4, 2012 | Docket: 60307608
Published
conducted by DCF hearing officers pursuant to section 409.285, Florida Statutes. See ch.2010-157, Laws of
958 So. 2d 453, 2007 Fla. App. LEXIS 6786, 2007 WL 1296350
District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 64851011
Published
assistance payment has been modified or cancelled. See § 409.285, Fla. Stat. (2005); Fla. Admin. Code R. 65-2.042
603 So. 2d 592, 1992 Fla. App. LEXIS 7941, 1992 WL 164181
District Court of Appeal of Florida | Filed: Jul 17, 1992 | Docket: 64669282
Published
appellant requested an appeal hearing pursuant to Section 409.285, Florida Statutes (1989).1 At the hearing appellant
598 So. 2d 1078, 1992 Fla. App. LEXIS 5508, 1992 WL 104620
District Court of Appeal of Florida | Filed: May 20, 1992 | Docket: 64667454
Published
initial determination made by the Department, section 409.285, Florida Statutes (1989), entitled “Opportunity
522 So. 2d 61, 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565
District Court of Appeal of Florida | Filed: Feb 12, 1988 | Docket: 64633559
Published
Families with Dependent Children program (AFDC). See § 409.285, Fla.Stat. (1979); 42 U.S.C. §§ 601-615 (1980)
512 So. 2d 1069, 12 Fla. L. Weekly 2193, 1987 Fla. App. LEXIS 10226
District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629608
Published
is the final order of the Department. See Section 409.285, Florida Statutes; Section 10-2.066(1), Florida
297 So. 2d 594, 1974 Fla. App. LEXIS 6853
District Court of Appeal of Florida | Filed: Jul 23, 1974 | Docket: 64540185
Published
ruling in question was made pursuant to F.S. § 409.285, F.S.A., a statute requiring notice ánd a fair
