T. B. C/O Teri Berket v. Humana Medical Plan, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledJune 10, 2020
Docket1D19-1249
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-1249
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T.B. c/o Teri Berket,
Appellant,
v.
HUMANA MEDICAL PLAN, INC.,
Appellee.
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On appeal from the Agency for Health Care Administration.
Joseph Mabry, Hearing Officer.
June 10, 2020
PER CURIAM.
In this appeal, Teri Berket, on behalf of T.B., challenges the
hearing officer’s determination that the Agency for Health Care
Administration (AHCA) did not have jurisdiction. Ms. Berket
argues that she was entitled to a fair hearing because Humana
Medical Plan, Inc., made a final determination that reduced the
number of service hours T.B. was eligible to receive and refused to
pay Ms. Berket for the additional sixteen hours of services she
provided to T.B. After reviewing the record, we find no error with
the hearing officer’s determination.
The appellate court reviews an agency determination with
regards to jurisdiction de novo. Dep’t of Revenue v. Vanamburg,
174 So. 3d 640, 642 (Fla. 1st DCA 2015). A hearing officer may
dismiss a request for a fair hearing if the hearing officer
determines that AHCA does not have subject-matter jurisdiction.
Fla. Admin. Code R. 59G-1.100(9)(b)1. Rule 59G-1.100(3) specifies
AHCA’s jurisdiction and the circumstances that require AHCA to
hold a hearing.
AHCA has jurisdiction to hold a hearing when a fee-for-
services recipient has her previously authorized service reduced,
suspended, or terminated or is denied a service she has requested.
Fla. Admin. Code R. 59G-1.100(3)(a)1.–2. In 2018, T.B. had
received healthcare benefits from UnitedHealthcare.
UnitedHealthcare had authorized T.B. to receive forty hours of
services provided by Ms. Berket and an additional sixteen hours of
services that had to be performed by outside servicers. In 2019,
T.B. received healthcare benefits from Humana. In a letter to Ms.
Berket dated January 23, 2019, Humana stated that it would still
provide the same services as authorized by UnitedHealthcare.
Humana further informed Ms. Berket that the additional sixteen
hours of authorized services had to be provided by outside
servicers. Because Humana had not changed the services that T.B.
was previously authorized to receive or denied T.B. additional
services, AHCA did not have jurisdiction to hold a hearing on this
matter.
Ms. Berket also claims that the hearing officer incorrectly
determined that AHCA did not have jurisdiction to hear her claim
for payment for the additional sixteen hours of services she
provided to T.B. The record on appeal shows that Ms. Berket
requested payment from the healthcare provider for these
additional hours. A request for payment by a service provider is
not one of the enumerated circumstances over which AHCA has
jurisdiction. See Fla. Admin. Code R. 59G-1.100(3); 42 U.S.C.
§ 1396a(a)(3). Accordingly, the hearing officer correctly
determined that AHCA did not have jurisdiction.
AFFIRMED.
ROBERTS, ROWE, and BILBREY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Gerald F. O’Brien of O’Brien & Bennett, P.A., Sarasota, for
Appellant.
Robert D.W. Landon, III, and Christina M. Himmel of Kenny
Nachwalter, P.A., Miami, for Appellee.
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