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ST. JOHN'S HOME HEALTH v. DEPT OF HRS

No. BN-227.

509 So.2d 367 (1987)

ST. JOHN'S HOME HEALTH AGENCY, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Mt. Sinai Medical Center and Miami Jewish Home and Hospital for the Aged Home Health Agency, Inc., and Medical Personnel Pool, Inc., Appellees.

District Court of Appeal of Florida, First District.

June 23, 1987.

Attorney(s) appearing for the Case

Leonard A. Carson and Richard T. Donelan, Jr. of Carson & Linn, P.A., Tallahassee, for appellant.

Sandra P. Stockwell of Culpepper, Pelham, Turner & Mannheimer, Tallahassee, for appellee Dept. of Health and Rehabilitative Services.

Byron B. Mathews, Jr. and Catherine A. Gaudreau of McDermott, Will & Emery, Tallahassee, for appellee Mt. Sinai Medical Center and Miami Jewish Home and Hosp. for the Aged Home Health Agency, Inc.

Robert A. Weiss and Thomas D. Watry of Parker, Hudson, Rainer & Dobbs, Atlanta, for appellee Medical Personnel Pool, Inc.

PER CURIAM.

This cause is before us on appeal from an order entered by the Department of Health and Rehabilitative Services (HRS) approving certificates of need (CONs) for the establishment of two new medicare certified home health agencies in District XI. We affirm.

Appellant, St. John's Home Health Agency (St. John's), has raised three issues, only one of which merits discussion: whether medicaid and indigent patient need may be considered when reviewing...

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