Justification Governor's Recommendations 2023-24
The Governor's Budget Recommendation for Fiscal Year 2023-2024 includes $180,258 and 122,871 in salary rate to provide additional funding to the Office of General Counsel's Fair Hearing Unit to reclassify three Administrative Assistant positions to Senior Attorneys. The reclassifying of the Administrative Assistant positions to Senior Attorneys will also help absorb the increase in workload the Agency continues to experience in public records requests, receiving 4,568 in Fiscal Year 2019-2020, 4,664 in Fiscal Year 2020-2021 and 4,983 in Fiscal Year 2021-2022. The Agency received 1,534 hearing requests in 2021-2022.
The Fair Hearing Unit conducts all hearings related to the Medicaid program including appeals related to Florida's Statewide Medicaid Managed Care (SMMC) program and federal waivers. The Agency is required to administer the fair hearing and render a final order within 90 days of the date of a hearing request and 72 hours for expedited matters. Failure to comply with federal deadlines could result in withholding of federal Medicaid payments to the state and additional litigation. Due to the timeframe and the number of requests received the Agency must maintain enough staff to ensure compliance.
Currently, the Agency's Fair Hearing Unit has three Senior Attorney positions and seven Other Personal Services (OPS) Attorney positions, with six of the OPS positions vacant. The Agency has struggled to fill the OPS positions experiencing a 114.29 percent turnover rate since March 2017. The Agency attributes the turnover and vacancies to the positions being classed as OPS positions. It is not feasible to maintain this number of cases with only three hearing officers. Reclassifying three Administrative Assistant positions to Senior Attorneys will provide a more sustainable environment for the Unit and allow for the recruitment and retention of employees.
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