STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARY E. EHRHARDT,

Petitioner,

vs.

AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

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) Case No. 11-3813

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RECOMMENDED ORDER

A hearing was held pursuant to notice on October 12, 2011, by Barbara J. Staros, assigned Administrative Law Judge of the Division of Administrative Hearings, via video teleconference with sites in Pensacola and Tallahassee, Florida.

APPEARANCES

For Petitioner: Mary E. Ehrhardt, pro se

1528 Bay Wood Road

Gulf Breeze, Florida 32563

For Respondent: D. Carlton Enfinger II, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Fort Knox Building, Mail Stop 3 Tallahassee, Florida 32308

STATEMENT OF THE ISSUE

Whether Petitioner meets the requirements for licensure as a Health Care Risk Manager?

PRELIMINARY STATEMENT

Petitioner, Mary E. Ehrhardt, filed an application with Respondent for licensure as a Health Care Risk Manager. On or about July 5, 2011, the Agency for Health Care Administration (AHCA) sent a Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review. Specifically, the Notice alleged that Petitioner had been earlier informed that additional information was needed before it considered her application to be complete. As this information was not timely received by AHCA, the application was deemed incomplete.

Petitioner requested a formal administrative hearing, and AHCA forwarded the case to the Division of Administrative Hearings on or about July 28, 2011.

A hearing was scheduled for October 12, 2011, and was heard as scheduled.

At hearing, Petitioner testified on her own behalf.

Petitioner’s Exhibits numbered 1 through 5 were admitted into evidence and Petitioner's Exhibit 6 was rejected.

Respondent presented the testimony of Laura MacLafferty and Mark Hajdukiewicz. Respondent's Exhibits numbered 1 through 6 were admitted into evidence. Official recognition was taken of Florida Administrative Code Chapters 59A-10 and 64B-3.

The hearing was not transcribed. Petitioner timely filed a post hearing submission and Respondent timely filed a Proposed Recommended Order, which have been considered in the preparation of this Recommended Order. Unless otherwise indicated, all references to Florida Statutes are to the 2010 codification.

FINDINGS OF FACT

1. AHCA is the agency responsible for the licensing and regulation of Health Care Risk Managers in Florida pursuant to sections 395.0971 through 395.0975, Florida Statutes.

2. Petitioner holds a Master of Science Administration from the University of West Florida and is licensed in the state of Florida as a Clinical Laboratory Supervisor.

3. Petitioner filed an application for licensure with AHCA as a Health Care Risk Manager on May 11, 2011. The application was reviewed by Mark Hajdukiewicz, a Health Services and Facilities Consultant employed by AHCA.

4. Section 6 of the application entitled "Qualifications for Licensure" states: "In the appropriate section below, check all of the applicable criteria. Complete only one section." The "sections" on the application are ways or approaches from which an applicant may choose to demonstrate his or her qualifications for licensure as a Health Care Risk Manager. On this initial application, Petitioner completed three sections.

   
   

5. By letter dated June 2, 2011 (the Omissions Letter), Mr. Hajdukiewicz notified Petitioner that AHCA received her initial application and, after review, found it to be incomplete. The Omissions Letter further stated:

   Select one approach to licensure. Resubmit amended pages 4 and 5 of the Health Care Licensing Application form RM-001, Revised 12/2010.

   Evidence of credentials as a Health Care Administrator as defined in Rule 59A- 10.032(14), F.A.C. An official transcript submitted from the college that satisfies the above rule. The Agency has received the

   120 hours certificate.

   
   

   Or

   
   

   Evidence of credentials as a Health Care Professional as defined in Rule 59A- 10.032(15), F.A.C. The application has license SU 3074, a Clinical Laboratory Supervisor, unfortunately that license does not meet the Rule requirements. The Agency has received the 120 hours certificate.

   
   

   Or

   
   

   Official transcripts that include coursework which meets two years of college level studies pursuant to Rule 59A-10.035, F.A.C.

   
   

   Please send the required information no later than 21 days from the receipt of this letter. If the applicant fails to submit all the information required in the application within 21 days of being notified by AHCA of the omissions, the application will be denied and the fees shall be forfeited pursuant to subsection 408.806(3)(b), Florida Statutes. (emphasis in original)

   
   

6. Petitioner submitted a revised section 6 of her application on or about June 23, 2011. On this revised portion of her application, Petitioner elected to seek licensure based upon her credentials as a Health Care Administrator as defined in Florida Administrative Code Rule 59A-10.032(14). Petitioner also submitted a copy of her transcript for a Master of Science Administration from the University of West Florida.

7. Mr. Hajdukiewicz reviewed Petitioner's revised application and determined that the documentation submitted by Petitioner in support of her application did not meet the criteria set forth in rule 59A-10.032(14), which defines a health care administrator. Mr. Hajdukiewicz forwarded a recommendation that the application be deemed incomplete to his supervisor, Laura MacLafferty.

8. Ms. MacLafferty concurred with Mr. Hajdukiewicz's recommendation and issued the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review. Subsequently, Petitioner submitted a copy of her transcript reflecting the curriculum for her master's degree program from the University of West Florida. Although, as a transcript copy, it was extremely difficult to read, Ms. MacLafferty reviewed the curriculum and determined that it was insufficient to warrant reversal of the Agency's decision.

   
   

9. At hearing, Petitioner acknowledged that her degree does not say "hospital" as specified in rule 59A-10.032(14) (i.e., hospital administration, hospital finance, hospital management).

10. As Petitioner elected to qualify for licensure pursuant to demonstrating attainment of credentials as a Health Care Administrator as defined in rule 59A-10.032(14), her application was not evaluated pursuant to the other possible ways of demonstrating qualifications for licensure.1/

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this case.

    §§ 120.569 and 120.57, Fla. Stat. (2011).

    
    

12. As an applicant for a license, Petitioner bears the burden of proof in this proceeding by a preponderance of the evidence. Dep't of Banking & Fin. v. Osborne Stern & Co., 670 So. 2d 932 (Fla. 1996).

13. Section 395.10974, Florida Statutes, provides that a license issued by AHCA is required in order to perform as a Health Care Risk Manager in this state.

14. Florida Administrative Code Rule 59A-10.032(14) states as follows:

    (14) The term "Health Care Administrator" means a person who has a degree, awarded by an accredited institution of higher

    
    

    learning, in hospital administration, hospital finance, hospital management, public health administration, or such other education which included successful completion of college level courses in the management and administration of a health care facility.

    
    

15. Petitioner has not met her burden of demonstrating that she qualifies for licensure under the method she chose in her application.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is

RECOMMENDED:

That the Agency for Health Care Administration enter a final order denying Petitioner's application for licensure as a Health Care Risk Manager, without prejudice to reapply under the other criteria specified in Florida Administrative Code Rules 59A-10.032(15) and 59A-10.035, and section 6 of the licensure application form.

DONE AND ENTERED this 8th day of November, 2011, in Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 8th day of November, 2011.

ENDNOTE

1/ It is unclear from the record why applications are not reviewed as to all possible means of attaining the necessary credentials for licensure.

COPIES FURNISHED:

Mary Elizabeth Ehrhardt 1528 Bay Wood Road

Gulf Breeze, Florida 32563

D. Carlton Enfinger, II, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308

Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Elizabeth Dudek, Secretary

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

William H. Roberts, Acting General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

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: 11-003813

Orders for Case No: 11-003813