Freeman v. State, Department of Health & Rehabilitative Services

This is an appeal' from the denial by the Department of Health and Rehabilitative Services of a petition to initiate rule-making pursuant to Section 120.54(5), Florida Statutes (1981). Three separate proposed rules were in issue. As to the first, which concerned requirements for the collection of data regarding medicaid patients from regulated nursing homes, we find no legislative or other requirement that the terms of the proposal be adopted. Compare, Guerra v. State Department of Labor & Employment Security, 427 So.2d 1098 (Fla. 3d DCA 1983). The department’s failure to do so was therefore…