Division of Administrative Hearings, Florida
Filed: Jan. 28, 2011
The issue is whether the Department's Access Policy Manual Sections 1840.0906.04 and 1840.0906.07 (Policy Manual); Training Module 4 (Training Module 4); Request for Veteran's Information Form CF-ES 2262 (Form CF-ES 2262); and Common Nursing Home and Waiver Medicaid Terminology (Medicaid Terminology) constitute agency statements defined as rules but not adopted as such, in violation of section 120.54, Florida Statutes.Challenged statements constitute unpromulgated rules. Rulemaking is feasible and practicable nothwithstanding Executive Order 11-01.
