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UPJOHN HEALTHCARE SERVICES v. DEPT. OF HEALTH

No. BH-479.

496 So.2d 147 (1986)

UPJOHN HEALTHCARE SERVICES, INC., Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Northwest Florida Home Health Agency, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 5, 1986.

Attorney(s) appearing for the Case

Donna H. Stinson of Moyle, Flanigan, Katz, FitzGerald & Sheehan, P.A., Tallahassee, for appellant.

William L. Hyde of Culpepper, Pelham, Turner & Mannheimer, Tallahassee, for appellee Dept. of Health and Rehabilitative Services.

Leonard H. Carson and Richard T. Donelan, Jr. of Carson & Linn, P.A., for appellee Northwest Fla. Home Health Agency, Inc.

FRANK, Associate Judge.

Upjohn Healthcare Services, Inc. (Upjohn) appeals from a final order entered by the Department of Health and Rehabilitative Services (HRS) denying its application for a certificate of need (CON). Since 1973 Upjohn has provided home health care to patients in Escambia County capable of paying for the service. The CON sought by Upjohn would confer upon it the status of a "home health agency" as defined...

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