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DEPT. OF HEALTH AND REHAB. SERVICES v. JOHNSON & JOHNSON HOME HEALTH CARE, INC.

No. AV-441.

447 So.2d 361 (1984)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Florida Association of Home Health Agencies, Inc., and Gulf Coast Home Health Services, Inc., Appellants, v. JOHNSON AND JOHNSON HOME HEALTH CARE, INC., Appellee.

District Court of Appeal of Florida, First District.

March 8, 1984.

Attorney(s) appearing for the Case

James M. Barclay, Tallahassee, for appellant-HRS.

Leonard A. Carson and Michael M. Parrish of Carson & Linn, Tallahassee, for appellant-Florida Ass'n and Gulf Coast.

John Radey and Elizabeth W. McArthur of Holland & Knight, Tallahassee, for appellee.

BARFIELD, Judge.

The issue on this appeal from an administrative order is the validity of Rule 10-5.11(14)(a) and (b) which prescribes a threshold requirement for issuance of a certificate of need (CON) to a home health care provider that each existing provider within the service area must be seeing an average of 300 patients per day according to the census of the last calendar quarter. Two exceptions to this requirement are provided when existing agencies are unable...

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