K.A.
v.
SUNSHINE STATE HEALTH PLAN, INC.
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An appellant waives claims of error when the initial brief fails to identify or argue how the hearing officer committed legal error.
[1] An appellant waives all claims of error when the initial brief fails to identify specific errors or argue how a hearing officer's ruling is incorrect.
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Join FLexlaw to unlock all legal intelligenceAppellant, a Medicaid long-term care program member, sought coverage for home repairs and replacement furniture after water damage caused by a contrac…
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PER CURIAM.
This appeal involves a denial of Medicaid long-term care (LTC) benefits. Appellant is an enrolled member of Sunshine State Health Plan’s LTC program. Sunshine has a contract with Florida’s Agency for Health Care Administration to provide Medicaid benefits. The program covers, among other things, “[h]ome accessibility adaptation.” § 409.98(7), Fla. Stat. After a contractor’s work caused water damage in Appellant’s home, Appellant sought Medicaid coverage through Sunshine to obtain home repairs and replacement furniture. Appellant eventually received a Medicaid Fair Hearing from AHCA, see Fla. Admin. Code R. 59G-1.100, where Appellant’s claim was denied. The hearing officer’s Final Order found that Appellant’s claim was not covered under Florida Medicaid’s LTC coverage rules and belongs in civil court.
Appellant filed a timely appeal in this court. But his (amended) initial brief fails to identify or argue how the hearing officer committed legal error. Thus, any claim for error has been waived. See V.T. v. Liberty Dental Plan of Fla., Inc., 338 So. 3d 989, 990 (Fla. 3d DCA 2022) (affirming an AHCA final order where an appellant-Medicaid recipient’s initial brief failed to identify specific errors); Doe v. Baptist Primary Care, Inc., 177 So. 3d 669, 673 (Fla. 1st DCA 2015) (“An appellant who presents no argument as to why a trial court's ruling is incorrect on an issue has abandoned the issue.”).
AFFIRMED. LEWIS, ROBERTS, and OSTERHAUS, JJ., concur. _____________________________
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- A.B. v. State, 338 So. 3d 989 (Fla. 3d DCA 2023)