11-003813 Mary E. Ehrhardt vs. Agency For Health Care Administration Status: Closed Recommended Order on Tuesday, November 8, 2011.

Summary: Petitioner did not meet her burden of proving that she met the requirements for licensure as a Health Care Risk Manager.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARY E. EHRHARDT, )

)

)

Petitioner, )

)

vs. ) Case No. 11 - 3813

)

AGENCY FOR HEALTH )

CARE ADMINISTRATION, )

)

Respondent. )

)

RECOMME NDED ORDER

A hearing was held pursuant to notice on October 12 , 20 11 ,

by Barbara J. Staros, assigned Administrative Law Judge of the

Division of Admi nistrative Hearings, via video teleconference

with sites in Pensacola and Tallahassee , Florida.

APPEARANC ES

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 St op 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 H ealth C are R isk M anager. 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and Withdrawn from Further Review.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 , 20 11 .

A heari ng was scheduled for October 12, 2011, and was heard

as scheduled .

At hearing, Petitioner testified on her own behalf .

PetitionerÓs Exhibits numbered 1 through 5 were admitted into

evidence and Petitioner's Exhibit 6 was rejected .

Respondent present ed the testimony of Laura MacLafferty and

Mark Hajdukiewic z . Respondent's Exhibit s numbered 1 through 6

w ere admitted into evidence. Official recognition was taken of

Florida Administrative Code C hapters 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 R ecommended O rder. Unless otherwise indicated, all

references to Florida Statutes are to the 20 10 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 A dministration

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

a ll of the applicable criteria. Com plete 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 t hree sections.

5 . By letter dated June 2, 2011 (the Omissions Letter),

Mr. Hajdukiewicz notified Petitioner that AHCA received her

initial application and, after review, f ound it to be

incomplete. The Omissions Letter further stated:

Select one appro ach 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 fr om 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 Laborator y

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 - 10.0 35, 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 appli cation

will be denied and the fees shall be

forfeited p ursuant 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

o f 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

Adm inistration 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

cr iteria set forth in r ule 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. M a c L afferty 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. Alth ough, as a transcript copy,

it was extremely difficult to read, Ms. M a c L afferty 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 r ule 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 Administrat or as defined in r ule 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, Fl a . Stat . (2011).

12 . A s 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 req uired in order to perform as a

H ealth C are R isk M anager in this state.

1 4 . Florida Administrative Code Rule 59A - 10.032(14) states

as f ollows:

(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

edu cation 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

he r 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 d enying Petitioner's app l ication for licensure as a

H ealth C are R isk M anager, without prejudice to reapply under the

other criteria specified in Florida Administrative Code Rule s

59A - 10.032(15) and 59A - 10.035, and section 6 of the licensure

application form.

DONE AND EN TERED this 8 th day of November , 20 11, i n

Tallahassee, Leon County, Florida.

S

___________________________________

BARBARA J. STAROS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tall ahassee, 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 8 th day of November , 20 11 .

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 Sto p 3

Tallahassee, Florida 32308

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Sto p 3

Tallahass ee, Florida 32308

Elizabeth Dudek, Secretary

Agency for Health Care Administration

2727 Mahan Drive , Mail Stop 1

Tallahassee, Florida 3230 8

William H. Roberts, Acting General Counsel

Agency for Health Care Administration

2727 Mahan Drive, Mail Sto p 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 th e agency that will

issue the final order in this case.