AGENCY FOR HEALTH CARE ADMINISTRATION v. BAKER COUNTY MEDICAL SERVICES, INC.

No. 1D01-3132.

832 So.2d 841 (2002)

AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. BAKER COUNTY MEDICAL SERVICES, INC., Appellee.

District Court of Appeal of Florida, First District.

November 18, 2002.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Jason Vail, Assistant Attorney General, Tallahassee, for Appellant.

John D. Buchanan, Jr., and Laura Beth Faragasso, Henry, Buchanan, Hudson, Suber & Carter, P.A., Tallahassee, for Appellee.


ON MOTION FOR REHEARING

PER CURIAM.

Appellee's Motion for Rehearing is granted. This court's opinion dated August 6, 2002 is withdrawn and the opinion below is substituted therefor.

The Agency for Health Care Administration (AHCA) appeals an order in which the trial judge found that AHCA had breached its Medicaid provider agreement with Baker Community Medical Services, Inc. (Baker). We reverse.

Baker operates a small community hospital in...

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