V.W. v. Agency for Health Care Administration

• Court: District Court of Appeal of Florida
• Decided: December 18, 2017
• Docket: 5D17-632
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

V.W.,

Appellant,

v. Case No. 5D17-632

AGENCY FOR HEALTH CARE ADMINISTRATION AND UNITED HEALTH CARE,

Appellees.

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Opinion filed December 22, 2017

Administrative Appeal from the Department of Children and Families Office of Appeal Hearings.

V. W., St. Johns, pro se.

Tracy Cooper George, and Amy E. Miles, of Agency for Health Care Administration, Tallahassee, for Appellee Agency for Health Care Administration.

Seann M. Frazier, and Marc Ito, of Parker Hudson Rainer & Dobbs, LLP, Tallahassee, for Appellee United Health Care.

PER CURIAM.

Appellant appeals a final order from the State of Florida Department of Children

and Families Office of Appeal Hearings denying her request to receive additional homecare hours. We note that conflicting evidence was presented as to whether

additional care would be beneficial and whether it was medically necessary. We affirm

because the appealed order was based upon competent, substantial evidence, and the

hearing officer’s determination that additional hours of homecare were not medically

necessary is not contrary to law. See Palm Beach Cty. Canvassing Bd. v. Harris, 722

So. 2d 1273, 1283 (Fla. 2000); U.S. Blood Bank, Inc. v. Agency for Workforce Innovation,

85 So. 3d 1139, 1142 (Fla. 3d DCA 2012).

AFFIRMED.

ORFINGER, LAMBERT, and EDWARDS, JJ., concur.