St. Vincent's Center v. Memorial Healthcare

967 So. 2d 794, 32 Fla. L. Weekly Supp. 556, 2007 Fla. LEXIS 1595, 2007 WL 2492345
CourtSupreme Court of Florida
DecidedSeptember 6, 2007
DocketSC06-1047
StatusPublished
Cited by12 cases

This text of 967 So. 2d 794 (St. Vincent's Center v. Memorial Healthcare) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Vincent's Center v. Memorial Healthcare, 967 So. 2d 794, 32 Fla. L. Weekly Supp. 556, 2007 Fla. LEXIS 1595, 2007 WL 2492345 (Fla. 2007).

Opinion

967 So.2d 794 (2007)

ST. VINCENT'S MEDICAL CENTER, INC., Appellant,
v.
MEMORIAL HEALTHCARE GROUP, INC., etc., et al., Appellees.

No. SC06-1047.

Supreme Court of Florida.

September 6, 2007.

*796 Major B. Harding and Stephen C. Emmanuel of Ausley and McMullen, Tallahassee, FL, for Appellant.

Stephen A. Ecenia and Richard M. Ellis of Rutledge, Ecenia, Purnell and Hoffman, P.A., Tallahassee, FL, for Appellees.

ANSTEAD, J.

We have on appeal a decision of a district court of appeal declaring a state statute invalid. St. Vincent's Medical Center, Inc. v. Memorial Healthcare Group, Inc., 928 So.2d 430 (Fla. 1st DCA 2006). We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. The issue before this Court is whether section 408.036(3)(l), Florida Statutes (2004), is unconstitutional as a special law enacted in the guise of a general law and without compliance with the specific requirements for the enactment of special laws. We affirm the holding of the district court, approving the trial court's judgment that this statute is an unconstitutional special law because there is no reasonable possibility that any other hospital in Florida, except St. Vincent's, could meet the requirements of the certificate-of-need (CON) exemption provided by the statute before it expires on January 1, 2008.

I. FACTS and PROCEDURAL HISTORY

The facts and procedural history of this case are summarized in the First District's opinion:

In late 2001, St. Luke's Hospital sought permission from the Agency for Health Care Administration ("Agency") to replace its existing hospital with a new facility to be built on the grounds of the current Mayo Clinic in Jacksonville. St. Luke's had an open-heart surgery program at its existing location. Unlike most hospitals in the state, St. Luke's also utilized a "closed-staff" personnel model, meaning that its medical personnel were salaried staff. Based upon evidence presented below, St. Luke's is one of only two hospitals in the state with both an open-heart surgery program and a closed-staff personnel system.
Concurrent with St. Luke's request, St. Vincent's Medical Center sought permission from the Agency to establish a new hospital with an open-heart surgery program in the facility to be vacated by St. Luke's. State law required new hospitals to submit a Certificate of Need ("CON") with the Agency in order to establish an open-heart surgery program.
During the 2003 regular session, the Legislature passed, and the Governor signed into law, chapter 2003-274, Laws of Florida. The law appears as section 408.036(3)(l), Florida Statutes (2004), part of the Health Facility and Services Development Act. The new statute created an exemption from the CON requirement for any adult open-heart surgery program meeting the statute's criteria. These criteria are paramount to our analysis:
(l) Notwithstanding any other provisions of this chapter to the contrary:
1. For an adult open-heart-surgery program to be located in a new hospital provided the new hospital is being established in the location of an existing hospital with an adult open-heart-surgery program, the existing hospital and the existing adult open-heart-surgery program are being relocated to a replacement hospital, and the replacement hospital will utilize a closed-staff model. A hospital is exempt from the certificate-of-need review for the establishment of an open-heart-surgery program if the application *797 for exemption submitted under this paragraph complies with the following criteria:
a. The applicant must certify that it will meet and continuously maintain the minimum Florida Administrative Code and any future licensure requirements governing adult open-heart programs adopted by the agency, including the most current guidelines of the American College of Cardiology and American Heart Association Guidelines for Adult Open Heart Programs.
b. The applicant must certify that it will maintain sufficient appropriate equipment and health personnel to ensure quality and safety.
c. The applicant must certify that it will maintain appropriate times of operation and protocols to ensure availability and appropriate referrals in the event of emergencies.
d. The applicant is a newly licensed hospital in a physical location previously owned and licensed to a hospital performing more than 300 open-heart procedures each year, including heart transplants.
e. The applicant must certify that it can perform more than 300 diagnostic cardiac catheterization procedures per year, combined inpatient and outpatient, by the end of the third year of its operation.
f. The applicant's payor mix at a minimum reflects the community average for Medicaid, charity care, and self-pay patients or the applicant must certify that it will provide a minimum of 5 percent of Medicaid, charity care, and self-pay to open-heart-surgery patients.
g. If the applicant fails to meet the established criteria for open-heart programs or fails to reach 300 surgeries per year by the end of its third year of operation, it must show cause why its exemption should not be revoked.
h. In order to ensure continuity of available services, the applicant of the newly licensed hospital may apply for this certificate of need before taking possession of the physical facilities. The effective date of the certificate of need will be concurrent with the effective date of the newly issued hospital license.
2. By December 31, 2004, and annually thereafter, the agency shall submit a report to the Legislature providing information concerning the number of requests for exemption received under this paragraph and the number of exemptions granted or denied.
3. This paragraph is repealed effective January 1, 2008.
§ 408.036(3)(l), Fla. Stat. (2004) (emphasis added).
On November 7, 2003, Appellees filed a complaint against the Agency in circuit court. In essence, Appellees alleged that St. Vincent's Medical Center is the only hospital in the state that can take advantage of this law. The complaint argued the law was a special law in violation of the Florida Constitution and the law violated equal protection by treating one hospital differently from all others in the state. St. Vincent's Medical Center intervened in the action. The Agency has not appeared in this appeal.
At a summary judgment hearing, the trial judge ruled that factual determinations should be made on whether the law could apply to a hospital other than St. Vincent's. Accordingly, the judge set the case for a non-jury trial. St. Vincent's did, however, receive summary judgment on the equal protection claim.
*798 Both sides presented expert testimony on the contested issue. Dr. Ronald Luke, Appellant's expert in health care planning and health care economics, testified that, within the realm of possibility, "many possible combinations of actors, hospitals, physician groups and health plans" in Florida might qualify for an exemption before the statute sunsets on January 1, 2008. Countering Dr. Luke's testimony, Dr. Todd Sagin, an expert in medical staff issues and hospital relations, and Patty Greenberg, an expert in health planning, testified for the Appellees. Dr. Sagin and Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carlos Monroy v. Gabriela Prado
District Court of Appeal of Florida, 2026
CITY OF MIAMI v. CHARLES J. BENCOMO AND STACY BENCOMO
District Court of Appeal of Florida, 2022
Crawford v. Fed. Nat'l Mortg. Ass'n
266 So. 3d 1274 (District Court of Appeal of Florida, 2019)
WAYNE GOLDMAN, MARIANNE GOLDMAN & SEAN ACOSTA v. STEPHEN LUSTIG, JOSEPH F. IERACITANO
237 So. 3d 381 (District Court of Appeal of Florida, 2018)
R.J. Reynolds Tobacco Co. v. Hall
67 So. 3d 1084 (District Court of Appeal of Florida, 2011)
Bonich v. STATE FARM MUT. AUTO. INS. CO.
996 So. 2d 942 (District Court of Appeal of Florida, 2008)
Bonich v. State Farm Mutual Automobile Insurance Co.
996 So. 2d 942 (District Court of Appeal of Florida, 2008)
Lawnwood Medical Center, Inc. v. Seeger
990 So. 2d 503 (Supreme Court of Florida, 2008)
In Re Doe
973 So. 2d 548 (District Court of Appeal of Florida, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
967 So. 2d 794, 32 Fla. L. Weekly Supp. 556, 2007 Fla. LEXIS 1595, 2007 WL 2492345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-vincents-center-v-memorial-healthcare-fla-2007.