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ADVENTIST HEALTH SYSTEM/SUNBELT, INC. v. BLUE CROSS

No. 5D05-1735.

934 So.2d 602 (2006)

ADVENTIST HEALTH SYSTEM/SUNBELT, INC., etc., Appellant, v. BLUE CROSS AND BLUE SHIELD, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

July 21, 2006.

Attorney(s) appearing for the Case

Joseph I. Zumpano and Leon N. Patricios of Zumpano Patricios & Winker, PA, Coral Gables and Arthur J. England, Jr., of Greenberg Traurig, P.A., Miami, for Appellant.

Charles C. Lane of Lau Lane Pieper Conley & McCreadie, P.A., Tampa, for Appellee.

Edward J. Pozzuoli and Stephanie Alexander of Trip Scott, P.A., Fort Lauderdale, Amicus Curiae for Florida Hospital Association, Florida College of Emergency Physicians, Florida Medical Association, the American College of Emergency Physicians and The American Medical Association.

Steven M. Ziegler and Dorothy F. Easley of Steven M. Ziegler, P.A., Hollywood, Amicus Curiae for Florida Association of Health Plans.

TORPY, J.

The issue in this case is whether the lower court properly dismissed Appellant's (hereinafter "Florida Hospital") declaratory judgment complaint seeking an interpretation of section 641.513(5)(b), Florida Statutes (2005). That statute requires HMOs to pay healthcare providers, which have no contract with the HMO, for emergency medical treatment rendered to subscribers of the HMO. The crux of the dispute involves the amount Appellee (hereinafter "Health Options...

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