Tarpon Springs General Hospital v. Office of Community Medical Facilities, Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Tarpon Springs General Hospital v. Office of Community Medical Facilities, Department of Health & Rehabilitative Services

366 So. 2d 185, 1979 Fla. App. LEXIS 14039

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 1979

DocketNo. JJ-296

StatusPublished

Cited by2 cases

This text of 366 So. 2d 185 (Tarpon Springs General Hospital v. Office of Community Medical Facilities, Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tarpon Springs General Hospital v. Office of Community Medical Facilities, Department of Health & Rehabilitative Services, 366 So. 2d 185, 1979 Fla. App. LEXIS 14039 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

The hearing officer’s order, adopted as the final order of the Department of Health and Rehabilitative Services (HRS), recommended appellant be denied a certificate of need to expand its facilities in a proposed $6.6 million expenditure. The hearing officer agreed with earlier recommendations of the Florida Gulf Health Systems Agency that the proposed bed expansion was unnecessary, that the costs of the project would increase medical costs to patients and that less expensive alternatives were available. See § 381.494(5)(e), Fla.Stat. (1977).

Appellant contends that the denial was based, in part, on HRS’s definition of “service area” contained in its state medical facilities plan. See § 381.494(6)(c). That definition is based on county lines, and appellant points out that, although it is located within Pinellas County, currently over-, bedded according to the state plan, it is within three miles of Pasco County, which is underbedded according to the state plan. Appellant argues the definition is arbitrary and is a rule never promulgated under Ch. 120.

We do not reach appellant’s contentions because the record shows that both the local health systems agency and HRS analyzed the needs of Pasco County before denying appellant’s certificate. The final order and the recommendation of the local agency noted that Pasco County had a projected deficit in 1982 of 54 beds, but that two other hospitals in Pasco County were acces[186]*186sible to patients within appellant’s service area.

We also disagree with appellant’s argument that the order is not based on competent, substantial evidence. See Bolinger v. Division of Retirement, 335 So.2d 568 (Fla. 1st DCA 1976).

AFFIRMED.

MILLS, Acting C. J., and ERVIN and BOOTH, JJ., concur.

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PER CURIAM.

The hearing officer’s order, adopted as the final order of the Department of Health and Rehabilitative Services (HRS), recommended appellant be denied a certificate of need to expand its facilities in a proposed $6.6 million expenditure. The hearing officer agreed with earlier recommendations of the Florida Gulf Health Systems Agency that the proposed bed expansion was unnecessary, that the costs of the project would increase medical costs to patients and that less expensive alternatives were available. See § 381.494(5)(e), Fla.Stat. (1977).

Appellant contends that the denial was based, in part, on HRS’s definition of “service area” contained in its state medical facilities plan. See § 381.494(6)(c). That definition is based on county lines, and appellant points out that, although it is located within Pinellas County, currently over-, bedded according to the state plan, it is within three miles of Pasco County, which is underbedded according to the state plan. Appellant argues the definition is arbitrary and is a rule never promulgated under Ch. 120.

We do not reach appellant’s contentions because the record shows that both the local health systems agency and HRS analyzed the needs of Pasco County before denying appellant’s certificate. The final order and the recommendation of the local agency noted that Pasco County had a projected deficit in 1982 of 54 beds, but that two other hospitals in Pasco County were acces[186]*186sible to patients within appellant’s service area.

We also disagree with appellant’s argument that the order is not based on competent, substantial evidence. See Bolinger v. Division of Retirement, 335 So.2d 568 (Fla. 1st DCA 1976).

AFFIRMED.

MILLS, Acting C. J., and ERVIN and BOOTH, JJ., concur.

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366 So. 2d 185, 1979 Fla. App. LEXIS 14039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarpon-springs-general-hospital-v-office-of-community-medical-facilities-fladistctapp-1979.

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