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KRESTVIEW NURSING HOME v. STATE, DHRS

No. 79-39.

374 So.2d 638 (1979)

KRESTVIEW NURSING HOME, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE OF LICENSURE AND CERTIFICATION, Appellee.

District Court of Appeal of Florida, Third District.

August 21, 1979.

Attorney(s) appearing for the Case

John F. Lisk and R. Stuart Huff, Miami, for appellant.

Leonard Helfand, Miami, for appellee.

James Keegan and William J. Flanagan, Miami, for Legal Services of Greater Miami, as amicus curiae.

Before HAVERFIELD, C.J., and KEHOE and SCHWARTZ, JJ.

PER CURIAM.

Krestview Nursing Home, petitioner-appellant, seeks reversal of an order of the State of Florida, Department of Health and Rehabilitative Services (HRS), denying its request as a participant in the Medicaid program for a variance under 42 CFR Section 405.1134(3) establishing a minimal room size of 80 sq. ft. per patient.

Krestview Nursing Home has been licensed by HRS, respondent-appellee, as a skilled nursing facility for approximately 15 years...

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