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AGENCY FOR HEALTH CARE ADMIN. v. HAMEROFF

No. 1D01-732.

816 So.2d 1145 (2002)

AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. Nathan M. HAMEROFF, M.D., et al., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 3, 2002.

Attorney(s) appearing for the Case

Gregory J. Philo of Agency for Health Care Administration, Tallahassee, for Appellant.

Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, P.A., Tampa, for Amici Florida Society of Ambulatory Surgical Centers and Federated Ambulatory Surgery Association.

James M. Barclay of Ruden McClosky Smith Schuster & Russell, P.A., Tallahassee for Amicus Florida Radiological Society, Inc.

Murray B. Silverstein of Law Offices of Murray B. Silverstein, P.A., St. Petersburg; Cynthia A. Mikos of Cynthia A. Mikos, P.A., Brandon; M. Stephen Turner, P.A. and David K. Miller, P.A. of Broad and Cassel, Tallahassee, for Appellee.

ALLEN, C.J.

The appellees in this interlocutory appeal brought a consolidated class action lawsuit against the appellant challenging the constitutionality of the Public Medical Assistance Trust Fund (PMATF) assessment set forth in section 395.7015, Florida Statutes. They contended that because the funds accumulated in the PMATF are earmarked exclusively for reimbursing Medicaid inpatient hospital costs, they derive no benefit commensurate with the burden imposed by...

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