Legal Opinion
Balino v. Department of Health & Rehabilitative Services
District Court of Appeal of Florida
Decided July 11, 1977No. EE-62PublishedCited by 18 opinions
1Opinion of the Court
ERVIN, Judge.
The issue before' us is who has the burden of proof at a reclassification hearing, the recipients of Medicaid benefits seeking continued assistance, or the Department of Health and Rehabilitative Services? We agree that the burden should be placed upon the Department and reverse.
*350Petitioners are elderly Medicaid recipients residing in Florida nursing homes. In September, 1975, the Secretary of the Department of Health, Education and Welfare promulgated regulations setting forth new and more restrictive criteria which Medicaid recipients must meet in order to receive skilled…
2Cases cited8 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Goldberg v. KellySupreme Court of the United States · 1970
- Hayes v. BowmanSupreme Court of Florida · 1957
- Florida Rate Conf. v. FLORIDA RAILRO & PU COM'NSupreme Court of Florida · 1959
- Florida Department of Health & Rehabilitative Services, Division of Health v. Career Service Commission of Florida Department of AdministrationDistrict Court of Appeal of Florida · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Florida Dept. of Transp. v. JWC Co., Inc.District Court of Appeal of Florida · 1981
- Balino v. DEPT. OF HEALTH & REHABILITATIVE, ETC.District Court of Appeal of Florida · 1978
- McDonald v. DEPT. OF PRO. REGULATIONDistrict Court of Appeal of Florida · 1991
- Astral Liquors, Inc. v. State, Dept. of Bus. Reg.District Court of Appeal of Florida · 1983
- Environmental Trust v. StateDistrict Court of Appeal of Florida · 1998
13 more not listed; retrieve them via the Exa API.