BALINO v. DEPT. OF HEALTH & REHABILITATIVE, ETC.

No. HH-177.

362 So.2d 21 (1978)

America BALINO et al., Petitioners, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES of the State of Florida, Respondent.

District Court of Appeal of Florida, First District.

On Rehearing September 18, 1978.


Attorney(s) appearing for the Case

Stephen T. Maher, Miami, Robert F. Williams, Tallahassee, for petitioners.

Charles T. Collette, George L. Waas and David St. John, Tallahassee, for respondent.


BOOTH, Judge.

This cause is before us on petition for review of final agency action resulting from a rule-making proceeding pursuant to Florida Statute § 120.54(3). Petitioners are patients residing in Florida nursing homes who receive Medicaid. Respondent (HRS) is the agency charged with administration of the Medicaid program in Florida and has promulgated rules governing eligibility for the program.

The basic dispute between the parties involves...

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