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HILLHAVEN v. DEPT. OF HEALTH & REHAB SERV.

Nos. 92-2167, 92-2168, 92-2181, 92-2182, 92-2184 through 92-2186, 92-2247, 92-2296 through 92-2298.

625 So.2d 1299 (1993)

The HILLHAVEN CORPORATION, Health Care and Retirement Corporation of America, United Health, Inc., Diversicare Corporation, Americare Corporation, the Waverly Group, Inc., Heartland Health Care Center, et al., Petitioners/Appellants, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent/Appellee.

District Court of Appeal of Florida, First District.

November 1, 1993.

Attorney(s) appearing for the Case

Thomas C. Fox, Joel M. Hamme, Joyce E. Mayers and Michael D. Smith of Reed Smith Shaw & McClay, Washington, DC, for Hillhaven and HCRA.

Alfred W. Clark, Tallahassee, for HCRA, Americare, Diversicare, Waverly, and Heartland.

W. David Watkins of Oertel, Hoffman, Fernandez & Cole, P.A., Tallahassee, for United Health.

David G. Pius, Sr. Atty., Dept. of Health and Rehabilitative Services, Tallahassee, for respondent/appellee.

ERVIN, Judge.

The appeals in these cases, which were consolidated below and on appeal, involve a number of Florida nursing homes that are challenging the validity of emergency rule 10CER89-21 and permanent rule 10C-7.0482, adopted by appellee, the Department of Health and Rehabilitative Services (HRS). The rules eliminated a semiannual inflationary adjustment for appellants' per diem Medicaid rates, effective January 1, 1990 through June 30, 1990. Appellants claim...

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