STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KEVIN D. HARRIS, )

)

Petitioner, )

)

v. ) CASE NO. 85-0588

) STATE OF FLORIDA, BOARD OF ) NURSING HOME ADMINISTRATORS, )

)

Respondent. )

)

RECOMMENDED ORDER

Notice was given and on April 16, 1985 a formal Section 120.57(1), Florida Statutes hearing was held in Tallahassee, Florida. Charles C. Adams presided as the hearing officer. This Recommended Order is being entered following the receipt and review of the Respondent's Proposed Recommended Order. To some extent this proposal has been utilized. Otherwise, the proposal is rejected because its proposed facts are subordinate to or cumulative of facts found in the Recommended Order.

APPEARANCES

For Petitioner: Kevin D. Harris

7808 Praver Drive West Jacksonville, Florida 32217

For Respondent: Deborah Hart, Esquire

Assistant Attorney General Room 1601, The Capitol Tallahassee, Florida 32301

ISSUES

The issues raised in this cause concern the question of the entitlement of Petitioner, Kevin D. Harris to stand examination to obtain a nursing home administrator's license. See Section 468.1695, Florida Statutes.

FINDINGS OF FACT

1. Kevin D. Harris is 18 years of age or over and is a high school graduate. Harris has also earned a bachelor's degree in psychology from the University of North Florida.

   
   

2. Harris filed an application containing the appropriate fee amount, for purpose of standing the examination related to nursing home administrators in the state of Florida. The Board of Nursing Home Administrators received the application and fee on November 30, 1994. On January 11, 1985, the State of Florida, Board of Nursing Home Administrators reviewed and denied Harris' application to stand examination as a nursing home administrator. The basis of denial concerned the opinion that Harris did not meet the prerequisites set forth in Section 468.1695, Florida Statutes and Rules 21Z-11.07 through 11.10, Florida Administrative Code, which would allow Harris to stand the examination.

   
   

3. Petitioner questioned the action of denial of his effort to seek examination and requested a formal Section 120.57(1), Florida Statutes hearing. In response to that request the matter was referred to the Division of Administrative Hearings and on April 16, 1985, the formal hearing was held.

   
   

4. Petitioner's assertion in this matter is to the effect that his employment experience with the State of Florida, Department of Health and Rehabilitative Services concerning Medicaid eligibility determination for clients seeking nursing home care should be considered together with his employment in specific nursing homes in deciding the question of his eligibility to stand examination for recognition as a nursing home administrator. Harris worked with the Department of Health and Rehabilitative Services in dealing with Medicaid eligibility determination from January, 1979 through October, 1979 and again from August, 1980 through October, 1984. In dealing with the needs of his clients, while employed by the Department of Health and Rehabilitative Services, he examined the financial, medical and social eligibility of those clients as it pertained to their entitlement to receive financial assistance under the institutional care program of the State of Florida. In particular this was a program administered under Title 19

   of the Social Securities Act. This employment with the Department of Health and Rehabilitative Services did not involve the responsibility for the operation and administration of any nursing home facility. Harris did work in cooperation with facility in assisting those administrators in the provision of services that were available through the Department Health and Rehabilitative Services. That arrangement did not envision Harris having any control over those facilities. Harris, while employed by the Department of Health and Rehabilitative Services did not have the responsibility for hiring or firing or related matters as it pertained to the nursing homes in which he was serving in a liaison capacity between his clients and those nursing home facilities.

   
   

5. From October, 1979 through June, 1980, Harris worked in Saint Catherine's Manor, a nursing home facility in Jacksonville, Florida. His assignment was as administrative assistant to the nursing home administrator and his position at Saint Catherine's Manor was comparable to an assistant administrator. In effect, Harris assisted in the administration of the daily operation of the facility, to include matters of Medicaid and Medicare reimbursement, accounts receivable, credit union management and other responsibilities for departmental operations within the facility.

   
   

6. At the time of the hearing Harris was employed as an assistant administrator at Saint Jude's Nursing Center in Jacksonville, Florida, a 240-bed skilled nursing facility. Harris has held the position at Saint Jude's since October, 1984. His duties are akin to those responsibilities in his employment with Saint Catherine's Manor. The work at Saint Jude's includes assisting the nursing home administrator in the overall operation of the facility. In addition, Harris serves as financial manager and is responsible for all financial and bookkeeping functions. When initially employed by the facility Petitioner was responsible for the dietary department. Beginning in January, 1985, Petitioner was reassigned to the specific duties in the business office, in view of past experience with the Department of Health and Rehabilitative Services.

   
   

7. Petitioner's employment and training at Saint Catherine's Manor and Saint Jude's Nursing Center has not been under the guise of a nursing home administrator-in-

   training program developed by rule of the Board of nursing Home Administrators, as envisioned by Section 468.1695(2)(c)1., Florida Statutes.

   
   

8. Harris' experience at Saint Catherine's Manor and Saint Jude's Nursing Center is perceived by Fred Lane, a member of the Board of Nursing Home Examiners, to be practical experience in nursing home administration as set forth in Section 468.1695(2)(c)3., Florida Statutes. Lane's characterization of that experience is accepted as factually correct.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action in accordance with Section 120.57, Florida Statutes.

   
   

10. Section 468.1685, Florida Statutes empowers the Board of nursing Home Administrators to develop techniques of examining candidates for licensure. Section 468.1695, Florida Statutes describes the process of licensing by examination. Within that provision at Section 468.1695(2), Florida Statutes the prerequisites to examination for licensure are set forth as follows:

    
    

    1. The department shall examine each applicant who the board certifies has completed the application form and remitted an examination fee set by the board not to exceed $250 and

       who:

       1. Is 18 years of age or over;

       2. Is a high school graduate or equivalent; and

       3. 1. Has fulfilled the requirements of a 1-year nursing home program which may be developed by rule of the board;

          
          

11. Has completed 2 years of college level studies which would prepare the applicant for health administration, to be further defined by rule;

    
    

12. Has obtained 2 years of practical experience in nursing home administration; or

    
    

13. Has 4 years of practical experience in a related health administration area.

    
    

14. These prerequisites are further described by rules.

    Those rules state:

    
    

    21Z-11.07 College Training in Health Administration. To fulfill two years of college level studies to prepare for health administration pursuant to Section 468.1695(2)(c)2, F.S., an applicant must complete, at an accredited college or university:

    1. A two-year degree in long-term health-care administration or management.

    2. A four-year or graduate degree in the field of health care administration or management, or

    3. At least sixty semester (ninety quarter) credit hours which include courses in management, accounting and bookkeeping, personnel relations and management, governmental standards and regulation of

    long-term health care administration (including nursing administration and patient care).

    21Z-11.08 Practical Experience in Nursing Home Administration. To fulfill two years of practical experience in nursing home administration pursuant to Section 468.1695(2)(c)3, an applicant must function as administrator, manager, or assistant to the administrator or manager of a nursing home or other facility providing long term medical care. The applicant must have overall responsibility for the operation of the facility, and show evidence of the performance and practical application of executive duties and management skills including planning, organizing, staffing, directing, and controlling in each department of the facility.

    
    

    21Z-11.09 Practical Experience in a Related health Health Administration Area. To fulfill four years of practical experience in a related health administration area, pursuant to Section 468.1695(2)(c)4, F.S., an application must

    1. function in a position having substantial responsibility for the operation of the major departments and the overall operation and administration of a nursing home or other facility providing long term medical care. The applicant must show evidence of the performance and practical application of executive duties and management skills, including planning, organizing, staffing, directing, and controlling in at least the nursing, dietary, and bookkeeping departments; or

       
       

    2. function in a position having substantial responsibility for the operation and administration of a health care facility which treats and houses patients such as a hospital (or a major

    submit thereof), adult congregate living facility of at least 50 beds, hospice or infirmary. The applicant must show evidence of the performance and practical application of executive duties and management skills including planning, organizing, staffing,

    directing and controlling.

    
    

15. Petitioner in his college studies was not involved in a curriculum which would meet the requirements set forth in Rule 21Z-11.07, Florida Administrative Code. Petitioner has not fulfilled the requirements of one-year nursing home administrator-in-training program as announced at Section 468.1695(2)(c)1, Florida Statutes. Petitioner has not completed two years of college level studies in dealing with health administration as envisioned by Section 468.1695(2)(c)2, Florida Statutes and Rule 21C-11.07, Florida Administrative Code. Petitioner has not obtained two years of practical experience in nursing home administration as envisioned by Section 468.1695(2)(c)3., Florida Statutes and Rule 21Z-11.08, Florida Administrative Code. Petitioner is entitled to the credit for the time which he has worked in the capacity as an assistant nursing home administrator at Saint Catherine's Manor and Saint Jude's Nursing Center and if his employment continues in the same capacity at Saint Jude's Nursing Center, at the point of realizing two years of experience he would be entitled to stand examination under this basis of compliance with the prerequisite for licensing examination. Finally, Petitioner has not achieved four years of practical experience in a related health administration area spoken to in Section 468.1695(2)(c)4., Florida Statutes and Rule 21Z-11.09, Florida Administrative Code.

    
    

16. Petitioner does not seek nor is he entitled to licensure by endorsement as contemplated by Rule 21Z-11.10, Florida Administrative Code.

    
    

17. Based upon the Findings of Fact and Conclusions of Law reached it is,

RECOMMENDED: that a final order be entered by the State of Florida, Board of Nursing Home Administrators which denies petitioner's request to stand examination for obtaining a license as a nursing home administrator in Florida.

DONE and ENTERED this 16th day of May, 1985, in Tallahassee, Florida.

Hearings

Hearings

CHARLES C. ADAMS

Hearing Officer

Division of Administrative

The Oakland Building 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative

this 16th day of May, 1985.

COPIES FURNISHED:

Kevin D. Harris

7808 Praver Drive West Jacksonville, Florida 32217

Deborah Hart, Esquire Asst. Attorney General Room 1601, The Capitol Tallahassee, Florida 32301

Mildred Gardner, Executive Director Nursing Home Administrators

130 North Monroe Street Tallahassee Florida 32301

Salvatore A. Carpino, Esquire General Counsel

130 North Monroe Street Tallahassee, Florida 32301

Fred Roche Secretary

Department of Professional Regulation Old Courthouse Square Building

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 85-000588

Orders for Case No: 85-000588