Legal Opinion

Golden Glades Regional Medical Center v. State, Health Care Cost Containment Board

District Court of Appeal of Florida

Decided September 3, 1991No. 91-43PublishedCited by 2 opinions

1Opinion of the Court

SCHWARTZ, Chief Judge.

We reverse both of the Public Medical Assistance Trust Fund assessments imposed by the Health Care Cost Containment Board against the appellant for the year 1987. We do so because(a) there is neither statutory nor any other authority for imposing assessments against the owner of a hospital for revenues earned prior to its acquisition of the property, see § 395.003, Fla.Stat. (1987); and(b) there is no substantial competent evidence to support the finding that there were any “net operating revenues,” § 395.-101, Fla.Stat. (1987), at all, let alone the amount assessed,…

2Cases cited2 opinions

  1. Alan & Alan, Inc. v. Gulfstream Car Wash, Inc.District Court of Appeal of Florida · 1980
  2. Palm Springs Gen. Hosp., Inc. v. Health Care Cost Containment Bd.District Court of Appeal of Florida · 1990

3Cited by2 opinions

  1. LeWinter v. Guardianship of LeWinterDistrict Court of Appeal of Florida · 1992
  2. Campbellton-Graceville Hospital v. Department of Health & Rehabilitative ServicesDistrict Court of Appeal of Florida · 1992

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