STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GADSDEN COUNTY FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 78-524

) TALLAHASSEE MEMORIAL HOSPITAL )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a final hearing in this cause on June 2, 1978, in Quincy, Florida.

The following appearances were entered: John D. Buchanan, Tallahassee, Florida, for Tallahassee Memorial Hospital of Tallahassee, Florida; and John Shaw Curry, Quincy, Florida, for Gadsden County, Florida.

On March 22, 1978, Gadsden County, Florida filed a petition and request for hearing. The County alleged that the Tallahassee Memorial Hospital had submitted a bill to the County with respect to medical services rendered to Cilla McGray. The Hospital contends that Ms. McCray is an indigent resident of Gadsden County, Florida; that the Hospital performed emergency treatment for her; and that Gadsden County is liable for payment of a portion of the bill in accordance with the provisions of the Florida Health Care Responsibility Act (Florida Statutes 5154.301, et seq.) A pre-hearing conference was conducted on April 7, 1978, and all pending motions have been resolved. The final hearing was scheduled by notice entered May 16, 1978.

At the final hearing the Hospital called the following witnesses: Connie Barrett, a financial counsellor employed by the hospital; Kenneth M. Martin, the hospital's Director of Patient Accounts; Lawrence McCray, the husband of the health care recipient, Ollie Mae Shelfer, a bookkeeper employed by the health care recipient's former employer; and James McNaughten, a claims representative employed by the Social Security Administration. Hearing Officer's Exhibit 1, TMH Exhibits 1-5, and County Exhibit 1 were all offered into evidence and were received.

FINDINGS OF FACT

1. Cilla McCray, is a resident of Gadsden County. The parties have stipulated that on December 3, 1977, she was admitted to the Tallahassee Memorial Hospital in an emergency medical condition, and that the treatment performed by the hospital was of an emergency nature. The parties have further stipulated that the Tallahassee Memorial Hospital is a regional referral hospital within the meaning of Section 154.304(4) , Florida Statutes (1977).

2. Cilla McCray was admitted to the Tallahassee Memorial Hospital on December 3, 1977, and was discharged on January 9, 1978. The total bill for her services amounted to $8,753.80. The Hospital submitted a bill to Gadsden County in the amount of $1,521.48 for the services. This latter amount is the maximum allowed to be billed in accordance with the Florida Health Care Responsibility Act. Gadsden County has refused to pay the bill, contending that the patient was not indigent. The patient has not paid the bill.

   
   

3. Cilla McCray is married to Lawrence McCray. They have three children but only two of them reside at home. The oldest child is not supported by his parents. During the six months preceding the hospitalization of Cilla McCray her husband had average earnings of $80.00 per week as a logger. Mrs. McCray had earned a total of $732.60 for employment during the six months prior to her hospitalization. The McCray's thus had average monthly earnings during that period in excess of $450.00 per month.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to this action and over the subject matter. Sections 120.57(1), 154.312, 154.314, Florida Statutes (1977).

   
   

5. The burden of proof in an administrative proceeding lies with the party asserting the affirmative of an issue before an administrative tribunal. Tropical Park v. Ratcliff, 97 So.2d 169, 1977 (Fla. 1957). In the instant matter it is the Tallahassee Memorial Hospital which is seeking to impose a bill upon Gadsden County. The Hospital thus has the affirmative of the issue, and the burden of proof lies upon it.

   
   

6. Section 154.308 imposes upon the Department of Health and Rehabilitative Services the duty of promulgating standards for determining indigency of persons admitted to regional referral hospitals in accordance with the Florida Health Care Responsibility Act. The Department originally promulgated emergency rules, and these have now been superseded by permanent rules. Chapter 10C-26, Florida Administrative Code. Under both the emergency rules and the permanent rules, a family unit with four persons must have an average monthly income during the six months preceding hospitalization of $345 or less. In the instant case the average monthly income of the patient's family unit exceeded this amount. The patient is therefore not indigent within the standards promulgated by the Department of Health and Rehabilitative Services.

   
   

7. Gadsden County is not liable to pay the Tallahassee Memorial Hospital for services rendered by the hospital for Cilla McCray.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED:

That a final order be entered rejecting the bill submitted by the Tallahassee Memorial Hospital for medical services performed for Cilla McCray.

RECOMMENDED this 16th day of June, 1978, in Tallahassee, Florida.

G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

John Shaw Curry, Esquire Post Office Box 706 Quincy, Florida 32351

John D. Buchanan, Jr., Esquire Post Office Drawer 1049 Tallahassee, Florida 32302

Chairman

Board of County Commissioners Gadsden County Courthouse Quincy, Florida

Docket for Case No: 78-000524

Orders for Case No: 78-000524