Legal Opinion
Balsam v. Department of Health & Rehabilitative Services
District Court of Appeal of Florida
Decided March 31, 1986No. BE-147PublishedCited by 7 opinions
1Opinion of the Court
ZEHMER, Judge.
Appellants are a physician, a hospital administrator, a psychologist, and a pharmacologist doing business as a partnership known as Florida Psychiatric Center (FPC). They appeal a final order of the Department of Health and Rehabilitative Services (HRS) denying their application for a certificate of need (CON) for a proposed hundred-bed, short-term psychiatric and substance abuse hospital. We conclude that HRS acted arbitrarily and contrary to law in determining the inventory of “existing and approved” beds under the bed-need methodology in rules 10-5.11(25)(d) and (27)(f),…
Also in this document: Concurrence.
2Cases cited4 opinions
- Pan Am. World Airways, Inc. v. FLA. PUB. SERV. COM'NSupreme Court of Florida · 1983
- Dept. of Health and Rehab. Services v. Johnson & Johnson Home Health Care, Inc.District Court of Appeal of Florida · 1984
- Humana, Inc. v. DEPT. OF HEALTHDistrict Court of Appeal of Florida · 1985
- Univ. Comm. Hosp. v. Dept. of HealthDistrict Court of Appeal of Florida · 1985
3Cited by7 opinions
- Lawnwood Medical Center, Inc. v. Agency For Health Care AdministrationDistrict Court of Appeal of Florida · 1996
- Health Care & Retirement Corp. v. DHRSDistrict Court of Appeal of Florida · 1987
- Lenoir Memorial Hospital, Inc. v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1990
- Balsam v. DEPT. OF HEALTH & REHAB. SERVICESDistrict Court of Appeal of Florida · 1986
- Bayonet Point Reg. Med. Ctr. v. DhrsDistrict Court of Appeal of Florida · 1987
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