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CENTRAL FLORIDA REGIONAL HOSP., INC. v. DHRS

No. 90-364.

582 So.2d 1193 (1991)

CENTRAL FLORIDA REGIONAL HOSPITAL, INC., Etc., Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, et al. Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied, Second Petition for Rehearing Stricken July 31, 1991.

Attorney(s) appearing for the Case

John Beranek, John Radey and Elizabeth McArthur of Aurell, Radey, Hinkle & Thomas, Tallahassee, for appellant.

Robert T. Klingbeil, Jr. and John S. Koda of Boone, Boone, Klingbeil, Boone & Roberts, P.A., Venice, for appellee Adventist Health System/Sunbelt, Inc., d/b/a Florida Hosp.

Richard A. Patterson, Asst. Gen. Counsel, Dept. of Health and Rehabilitative Services, Tallahassee, for appellee HRS.

James C. Hauser and Christopher D. Rolle of Foley & Lardner, Tallahassee, for appellee Humana.

COBB, Judge.

The appellant, Central Florida Regional Hospital, Inc. (CFRH), challenges the denial by the Department of Health and Rehabilitative Services (HRS) of its application for a certificate of need (CON) to establish an open heart surgery program at its hospital in Sanford, Seminole County, Florida. A CON is a legal prerequisite to licensure and operation of a new health care facility or service. See § 381.711, Fla. Stat. (1987).

HRS initially...

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