Blue Cross Blue Shield of Florida, Inc. v. Outpatient Surgery Center of St. Augustine

I agree with the underlying premise implicit in the majority’s opinion that, in order to pass constitutional muster, the dispute resolution process in section 408.7057, Florida Statutes, must be voluntary, not mandatory. However, I disagree with the majority’s conclusion that the statute is susceptible to an interpretation that would make participation in the process voluntary for the respondent (here, Blue Cross). Accordingly, I respectfully dissent from the decision to affirm the final orders in these cases.

The dispute resolution process in section 408.7057is without question voluntary in…