Turro v. Department of Health & Rehabilitative Services
Turro v. Department of Health & Rehabilitative Services
Opinion of the Court
The appellants in these consolidated appeals seek review of a final order of the Department of Health and Rehabilitative Services denying their applications for Certificates of Need. We affirm.
Appellant Community Hospital filed an application for a Certificate of Need seeking to add 100 beds to its existing facility,
The cases were assigned to a Division of Administrative Hearings officer and were consolidated. The primary issue in controversy concerned the existence of the need for additional acute care beds in the area of the proposed new facilities. The hearing officer recommended that Holiday General’s application be denied, but that a Certificate of Need for 50 beds be issued to Community. The Department rejected the latter recommendation and entered an order denying both applications in their entirety.
In recommending that Community be granted a CON for 50 beds, the hearing officer found that the methodology established in Florida Administrative Code Rule 10-5.11(23)
In part because Rule 10-5.11(23) did not become formally effective until after commencement of the hearing on the applications,
In this case, Community has informed the court that, as the hearing officer found, the methodology it used to demonstrate a need for beds in West Pasco County was the same as the method found in Rule 10-5.11(23) except that it was applied on a subdistrict basis instead of taking into account the needs of the entire district.
For the foregoing reasons, we find that the Department of Health and Rehabilitative Services properly applied the standards stated in Rule 10-5.11(23) to these proceedings. We find no merit in the other arguments raised by appellants, and the order appealed is therefore affirmed.
. The Department promulgated Florida Administrative Code Rule 10-5.11(23) to facilitate the implementation of §§ 381.493 and 381.494, Florida Statutes. We are not persuaded by appellant Community’s argument that the Rule as enacted is not authorized by the statute.
. The hearing was held on May 31, June 1 and 2, and June 21, 1983. Rule 10-5.11(23) became effective on June 10, 1983.
.Section 381.494(7)(b)l requires local health councils to develop district-wide plans, and § 381.494(8)(a) provides that department review of CON applications shall be in accordance with the district plans. See also § 381.494(6)(c)l. Appellants’ proposed facilities would be located in district 5 which consists of Pinellas and Pasco Counties. Section 20.19(4)(a), Florida Statutes.
Reference
- Full Case Name
- Jose M. TURRO, M.D./Holiday General Hospital, Inc. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, & Tarpon Springs General Hospital, Appellees COMMUNITY HOSPITAL OF NEW PORT RICHEY v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, & Tarpon Springs General Hospital
- Cited By
- 5 cases
- Status
- Published