STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAISY S. MCARTHUR, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2411L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in the above case before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on November 30, 1981, in Pensacola, Florida.

APPEARANCES

For Petitioner: Daisy S. McArthur in pro se

1351 West Lloyd

Pensacola, Florida 32501

For Respondent: Jon W. Searcy, Esquire

Department of Health and Rehabilitative Services

160 Governmental Center Pensacola, Florida 32522

On June 1, 1981, Petitioner, Daisy S. McArthur, filed a household application for cooling assistance under the Low Income Energy Assistance Program. The application was ultimately denied by Respondent, Department of Health and Rehabilitative Services, on the ground Petitioner did not submit a medical certificate form verifying that she had a medical condition that required cooling to prevent adverse effects which would be life-threatening.

Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, to contest the denial of her application. The matter was referred by Respondent to the Division of Administrative Hearings on September 25, 1981, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated November 19, 1981, the final hearing was scheduled for November 30, 1981, in Pensacola, Florida.

At the final hearing, Petitioner testified on her own behalf. Respondent presented the testimony of R. A. McAuliffe and offered Respondent's Exhibits 1- 3, each of which was received into evidence.

The issue herein is whether Petitioner is entitled to cooling assistance under the Low Income Energy Assistance Program.

Based upon all the evidence, the following facts are determined:

FINDINGS OF FACT

1. On June 1, 1981, Petitioner, Daisy S. McArthur, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Escambia County, Florida, which is part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants.

   
   

2. The application requires that applicant furnish a Medical Certification for Cooling Form. Although she complied with this requirement, the form submitted stated that McArthur had no medical conditions that could be considered "life-threatening" without a controlled temperature. Accordingly, Respondent denied the application on July 10, 1981. The denial precipitated the instant proceeding.

   
   

3. Applicant is the only member of her household. Her total monthly countable income is $259.00 which falls within acceptable income limitations prescribed by the Department. Except for the omitted form, McArthur was otherwise qualified to receive $143 in cooling assistance benefits.

   
   

4. Petitioner agreed that her medical certificate did not verify the existence of a "life-threatening" medical condition that required a controlled temperature. She blamed this deficiency on her doctor and testified that she did indeed require air conditioning to alleviate her various ailments.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties the re to pursuant to Subsection 120.57(1), Florida Statutes, and Rule 10 CER 80-11.13, Florida Administrative Code.

   
   

6. Rule 10 CER 81-8(3), Florida Administrative Code, provides in part as follows:

   
   

   1. Medical Necessity. In order to be eligible for cooling assistance, at least one household member

      must have a certified medical condition which requires cooling to prevent adverse effects which would be

      life-threatening.

      
      

      1. A licensed medical doctor, licensed osteopath or advanced registered nurse practitioner must certify the individual who is a patient and specify the condition which requires cooling.

The above certification is to be completed on HRS Form 137. Although Petitioner submitted the necessary medical form with her application, it did not certify that she or a member of her household had a medical condition requiring cooling. Accordingly, the Department was justified in denying her application and its initial determination should be sustained.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is

RECOMMENDED that the application of Daisy S. McArthur for cooling assistance be DENIED.

DONE and ENTERED this 3rd day of December, 1981, in Tallahassee, Florida.

DONALD R. ALEXANDER

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 3rd day of December, 1981.

COPIES FURNISHED:

Daisy S. McArthur 1351 West Lloyd

Pensacola, Florida 32501

Jon W. Searcy, Esquire Department of HRS

160 Governmental Center Pensacola, Florida 32522

Docket for Case No: 81-002411

Orders for Case No: 81-002411