STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHELSEA PERDUE-WASHINGTON,

Petitioner,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

)

)

)

)

) Case No. 02-2374

)

)

)

)

)

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly-designated Administrative Law Judge,

Jeff B. Clark, held a formal administrative hearing in this case on September 6, 2002, in Orlando, Florida.

APPEARANCES

For Petitioner: No appearance.

For Respondent: Beryl Thompson-McClary, Esquire

Department of Children and Family Services

400 West Robinson Street, Suite S-1106 Orlando, Florida 32801

STATEMENT OF THE ISSUES

Whether or not Petitioner's application for certification as an Independent Waiver Support Coordinator should be approved.

PRELIMINARY STATEMENT

On April 10, 2002, Respondent, Department of Children and Family Services, advised Petitioner, Chelsea Perdue-Washington, that her request to be enrolled as an Independent Waiver Support Coordinator had been denied as a result of an employment reference check. In the same letter, Petitioner was advised of her right to an administrative hearing. On May 14, 2002, Petitioner requested an administrative hearing.

On June 12, 2002, the request was forwarded by Respondent to the Division of Administrative Hearings. On June 17, 2002, the parties were forwarded an Initial Order. On July 23, 2002, the case was set for final hearing in Orlando, Florida, on September 6, 2002.

The final hearing was conducted on September 6, 2002, as scheduled. Petitioner failed to appear at the final hearing. Respondent presented two witnesses: Helen Tasker, Program Operations Administrator, and Bertie W. Barber, Operations and Management Consultant II. Respondent offered four exhibits which were admitted into evidence and marked Respondent's Exhibits 1-4. No transcript was ordered. No proposed recommended orders were presented.

FINDINGS OF FACT

1. Respondent is the state agency that implements programs and services for persons who are developmentally disabled.

2. In this capacity, Respondent certifies and enrolls qualified individuals, private businesses, not-for-profit organizations, and units of local government to provide services to developmentally disabled persons under the Developmental Disabilities Program Developmental Services Home and Community- based Services waiver program.

3. In so doing, Respondent must ensure that all federal requirements are met and that the health and welfare of developmentally disabled persons are protected.

4. Respondent has established reasonable academic, training and experience criteria for individuals seeking to be enrolled and certified as Independent Waiver Support Coordinators as a part of the Developmental Disabilities Program Developmental Services Home and Community-based Services waiver program. For example, these minimum qualifications include a bachelor's degree and three years of professional experience in developmental disabilities, special education, or related fields.

5. In addition to the academic, training and experience criteria, Respondent conducts background screening in an attempt

   to assess the suitability of individuals seeking to be enrolled and certified as Independent Waiver Support Coordinators.

6. Part of the background screening involves a review of the work product, performance appraisals, and achieved outcomes of any applicant who has rendered services to individuals receiving developmental disabilities services.

7. Respondent may deny certification to an applicant if it receives evidence of an adverse history with Respondent or the Agency for Health Care Administration as a result of background screening.

8. Prior to Petitioner's application to be certified as an Independent Waiver Support Coordinator, she was employed by an institutional services provider which provided services to individuals with developmental disabilities; her job with the institutional services provider had essentially the same responsibilities as she would have if she became an Independent Waiver Support Coordinator.

9. Respondent solicited and received an evaluation of Petitioner's work performance with the independent services provider. Petitioner's supervisor indicated that Petitioner's work was not satisfactory and that she would not rehire her.

10. Respondent determined this negative evaluation as evidence of an adverse history sufficient to disqualify Petitioner and deny her certification.

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties hereto pursuant to Subsection 120.57(1), Florida Statutes.

12. As the party seeking certification, Petitioner must prove by the preponderance of the evidence that she is entitled to the requested relief. Florida Department of Transportation v. J.W.C. Co., Inc., 396 So. 2d 778, 788 (Fla. 1st DCA 1981). In this case, Petitioner must prove that she is qualified for certification as an Independent Waiver Support Coordinator. Having failed to appear for the hearing, she has failed to carry this burden.

13. The Medicaid-Waiver program is a federal program for developmentally disabled persons and is authorized by 42 C.F.R. Section 441.300 et seq.

14. Subsection 393.066(6), Florida Statutes, authorizes Respondent to provide developmental services to developmentally disabled persons through individuals, private businesses, not- for-profit organizations, and units of local government.

15. Respondent is also authorized by Subsection 393.501(1), Florida Statutes, to "adopt rules to carry out the provisions" of Chapter 393, including the Medicaid-Waiver program. At this time, however, no formal rules have been promulgated.

16. Respondent has promulgated policy directives that require that applications for certification as an Independent Waiver Support Coordinator be granted only when all federal assurances can be met.

17. Developmental Disabilities Program Policy Directive #PD01-05: Statewide Provider Enrollment, Section 1B. reads, as

    follows:

    
    

    Provider applicants must meet background screening requirements, possess the required qualifications to perform specified services, and have no adverse history with the Department of Children and Families or the Agency for Health Care Administration (AHCA) that causes either agency to question whether the safety and welfare of a waiver participant would be in jeopardy during the delivery of a service.

    
    

18. Respondent has presented credible evidence which demonstrated that, based on Petitioner's prior work performance, if Petitioner's application for certification and enrollment is approved, Respondent cannot assure that the safety and welfare of program recipients will be protected, as required by federal law.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that Respondent enter a final order denying Petitioner's application for certification as an Independent Waiver Support Coordinator.

DONE AND ENTERED this 12th day of September, 2002, in Tallahassee, Leon County, Florida.

JEFF B. CLARK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 12th day of September, 2002.

COPIES FURNISHED:

Joseph K. Birch

34 East Pine Street Orlando, Florida 32802

Chelsea Predue-Washington Post Office Box 1117 Clarcona, Florida 32710-1117

Beryl Thompson-McClary, Esquire Department of Children and Family Services

400 West Robinson Street, Suite S-1106 Orlando, Florida 32801

Paul F. Flounlacker, Jr., Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard

Building 2, Room 204B Tallahassee, Florida 32399-0700

Josie Tomayo, General Counsel

Department of Children and Family Services 1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 02-002374

Orders for Case No: 02-002374