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BEVERLY HEALTH AND REHABILITATIVE SERVICES, INC. v. AGENCY FOR HEALTH CARE ADMINISTRATION

No. 97-3425.

708 So.2d 616 (1998)

BEVERLY HEALTH AND REHABILITATIVE SERVICES, INC., d/b/a Advantage Therapy And Nursing Center, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 23, 1998.

Attorney(s) appearing for the Case

Donna H. Stinson and David K. Miller, P.A. of Broad and Cassel, Tallahassee, for Appellant.

Richard M. Ellis, Agency for Health Care Administration, Tallahassee, for Appellee.

PER CURIAM.

Beverly Health and Rehabilitative Health Services, Inc., appeals a final order dismissing with prejudice its petition to determine the invalidity of rule 59A-4.128, Florida Administrative Code, adopted by appellee, Agency for Health Care Administration (AHCA). For the reasons explained below, we affirm.

In a prior proceeding, the Florida Health Care Association, of which appellant is a member, challenged proposed rule 59A-4.128, which pertains...

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