STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LUCY JEFFERY, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2413L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held in Sarasota, Florida on January 28, 1982 before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Lucy Jeffery, pro se

1849 21st Street

Sarasota, Florida 33580

For Respondent: Anthony N. DeLuccia, Jr., Esquire

Department of Health and Rehabilitative Services

8800 Cleveland Avenue, South Post Office Box 06085

Fort Myers, Florida 33907

ISSUE

Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.

BACKGROUND

Respondent Department of Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980." Pursuant thereto Respondent instituted the Low Income Energy Assistance Program.

A timely Household Application for benefits on an approved form and a Medical Certification for Cooling were received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of Application Denial was mailed to Petitioner notifying her that the medical

statement she furnished did not show that her medical condition was life- threatening and therefore she was ineligible for benefits. Petitioner made a timely request for a hearing. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled. Immediately prior to commencement of the hearing, in the presence of all parties, the Petitioner was advised of her rights and instructed as to the procedures to be followed at the hearing. Petitioner testified in her own behalf and called one

1. witness. Respondent offered one (1) exhibit which was entered in evidence.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner Lucy Jeffery requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services.

      
      

   2. On June 9, 1981 Jeffery, at that time living with three (3) other people, filed a Household Application for low income energy assistance with the required Medical Certification (Form 137, May '81). By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her medical statement indicated her medical condition did not require cooling in order to prevent "life-threatening" adverse effects. The action was taken within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.

      
      

   3. The medical practitioner who signed the Medical Certification for Cooling wrote the words "Gastro intestinal condition not life threatening but medically prudent" before he signed the form.

      
      

   4. Petitioner did not dispute the evidence presented but felt that her medical condition warranted cooling and that she should be allowed benefits for that purpose.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The Division of Administrative Hearings has jurisdiction in this matter and of the parties thereto pursuant to Section 120.57, Administrative Procedures Act, Florida Statutes, and Rule 10 CER 81-13, Hearings for Individual Households, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.

      
      

   6. Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, Section 2, designates the Department of Health and Rehabilitative Services as the state agency to administer the Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980," and to provide home energy assistance benefits to eligible households. The Department of Health and Rehabilitative Services promulgated Emergency Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, to carry out the provisions of the act and amended said rules by Emergency Rule

      10 CER 81-16, Florida Administrative Code, to extend the time period for application through July 17, 1981. Respondent has followed the foregoing statute, act and rules.

   7. Emergency Rule 10 CER 81-8, Florida Administrative Code, Eligibility Factors Other Than Income, provides in pertinent part:

(3) 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.

Petitioner has a medical condition, but the medical statement she provided did not indicate that the condition is "life-threatening." Eligibility is based on a life-threatening condition, and therefore Petitioner is not eligible for benefits.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner.

DONE and ORDERED this 10th day of February, 1982, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 10th day of February, 1982.

COPIES FURNISHED:

Ms. Lucy Jeffery 1849 21st Street

Sarasota, Florida 33580

Anthony N. DeLuccia, Jr., Esquire Department of Health and

Rehabilitative Services 8800 Cleveland Avenue, South Post Office Box 06085

Fort Myers, Florida 33907

David H. Pingree, Secretary

Attn: Susan B. Kirkland, Esquire Department of Health and

Rehabilitative Services Building One, Room 406 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-002413

Orders for Case No: 81-002413