Inverness Convalescent Center v. Department of Health & Rehabilitative Services

ZEHMER, Judge.

In these consolidated appeals, Beverly Enterprises-Florida, Inc., and Inverness Convalescent Center seek review of an order of the Department of Health and Rehabilitative Services (HRS or the Department) which denied both Beverly and Inverness certificates of need (CONs) to build nursing homes. We reverse the denial of Beverly’s CON and affirm the denial of the CON to Inverness.

HRS is required to determine and publish the need for new community nursing home beds on a three-year planning horizon. Fla.Admin.Code Rule lO-JJ-ll^lJib).1 HRS currently does this twice a year, in…