CGH HOSP. v. STATE, AGENCY FOR HEALTH CARE

Nos. 1D06-3857, 1D06-3872, 1D06-3877, 1D06-3890.

965 So.2d 262 (2007)

CGH HOSPITAL, LTD. d/b/a Coral Gables Hospital, Tenet Healthsystem Hospitals, Inc. d/b/a Delray Medical Center, FMC Hospital, Ltd. d/b/a Florida Medical Center, Tenet Good Samaritan, Inc. d/b/a Good Samaritan Medical Center, Tenet Hialeah Healthsystem Hospitals, Inc. d/b/a Hialeah Hospital, Tenet Healthsystem Hospitals, Inc. d/b/a Hollywood Medical Center, Amisub (North Ridge Hospital), Inc. d/b/a North Ridge Medical Center, Tenet Healthsystem North Shore, Inc. d/b/a North Shore Medical Center, Palm Beach Gardens Community Hospital, Inc. d/b/a Palm Beach Gardens Medical Center, Lifemark Hospitals of Florida, Inc. d/b/a Palmetto General Hospital, North Miami Medical Center, Ltd. d/b/a Parkway Regional Medical Center, Pinecrest Rehabilitation Hospital, Inc. d/b/a Pinecrest Rehabilitation Hospital, Tenet St. Mary's, Inc. d/b/a St. Mary's Medical Center, and Tenet Healthsystem Hospitals, Inc. d/b/a West Boca Medical Center; St. Vincent's Medical Center; and Sacred Heart Hospital of Pensacola, Appellants, v. STATE of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. Lakeland Regional Medical Center, Inc., d/b/a Lakeland Regional Medical Center, Baptist Hospital, Inc., and Mercy Hospital, Inc., Appellants, v. State of Florida, Agency for Healthcare Administration, Appellee. Plantation General Hospital Limited Partnership, d/b/a Plantation General Hospital, Shands at Lakeshore, Inc., Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville, New Port Richey Hospital, Inc., North Florida Regional Medical Center, Inc., Galencare, Inc., d/b/a Northside Hospital, HCA Health Services of Florida, Inc., d/b/a Oak Hill Hospital, Northwest Medical Center, Inc., Edward White Hospital, Inc., Sarasota Doctors Hospital, Inc., d/b/a Doctors Hospital of Sarasota, Doctors Osteopathic Medical Center, Inc., d/b/a Gulf Coast Hospital, Cedars Healthcare Group, Ltd., d/b/a Cedars Medical Center, Sun City Hospital, Inc., d/b/a South Bay Hospital, Southwest Florida Regional Medical Center, Inc., Okaloosa Hospital, Inc., d/b/a Twin Cities Hospital, University Hospital, Ltd., d/b/a University Hospital and Medical Center, West Florida Regional Medical Center, Inc., Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center, Orange Park Medical Center, Inc., Marion Community Hospital, Inc., d/b/a Ocala Regional Medical Center, Lawnwood Medical Center, Inc., d/b/a Lawnwood Regional Medical Center, Largo Medical Center, Inc., Columbia Hospital (Palm Beaches) Limited Partnership d/b/a Columbia Hospital, Natami Hospital of Florida, Inc., d/b/a Lake City Medical Center, Kendall Healthcare Group, Ltd., d/b/a Kendall Medical Center, Columbia/JFK Medical Center Limited Partnership d/b/a JFK Medical Center, Miami Beach Healthcare Group, Ltd., d/b/a Aventura Hospital and Medical Center, Bay Hospital, Inc., d/b/a Gulf Coast Medical Center, Englewood Community Hospital, Inc., Fawcett Memorial Hospital, Inc., Fort Walton Beach Medical Center, Inc., HCA Health Services of Florida, Inc., d/b/a Blake Medical Center, HCA Health Services of Florida, Inc., d/b/a Regional Medical Center Bayonet Point, Tallahassee Medical Center, Inc., d/b/a Capital Regional Medical Center f/k/a Tallahassee Community Hospital, Galencare, Inc., d/b/a Brandon Regional Hospital, Central Florida Regional Hospital, Inc., Galen of Florida, Inc., d/b/a Saint Petersburg General Hospital, Shands Teaching Hospital and Clinics, Inc., d/b/a Shands at Live Oak, Shands Teaching Hospital and Clinics, Inc., d/b/a Shands at Starke, Shands Teaching Hospital and Clinics, Inc., d/b/a Shands Hospital at the University of Florida, Osceola Regional Hospital, Inc., d/b/a Osceola Regional Medical Center, Columbia Palms West Hospital Limited Partnership d/b/a Palms West Hospital, Okeechobee Hospital, Inc., d/b/a Raulerson Hospital, HCA Health Services of Florida, Inc., d/b/a Saint Lucie Medical Center, Putnam Community Medical Center, LLC., Wuesthoff Memorial Hospital, Holmes Regional Medical Center, Inc., Cape Canaveral Hospital, Inc., Morton Plant Hospital Association, Inc., d/b/a Morton Plant North Bay Hospital, Morton F. Plant Hospital Association, Inc., d/b/a Morton Plant Hospital, South Florida Baptist Hospital, Inc., Saint Joseph's Hospital, Inc., Saint Anthony's Hospital, Inc., Trustees of Mease Hospital, Inc., d/b/a Mease Hospital—Dunedin, Halifax Hospital Medical Center d/b/a Halifax Medical Center, Bethesda Memorial Hospital, South Broward Hospital District d/b/a Memorial Regional Hospital, South Broward Hospital District d/b/a Memorial Hospital Pembroke, South Broward Hospital District d/b/a Memorial Hospital West, Adventist Health System, Inc., d/b/a Florida Hospital, Pasco HMA, Inc., d/b/a Pasco Regional Medical Center, Bayfront Medical Center, Inc., Bay Medical Center, Orlando Regional Healthcare System, Inc., d/b/a Orlando Regional Medical Center, Holy Cross Hospital, Inc., Winter Haven Hospital, Inc., North Brevard County Hospital District, d/b/a Parrish Medical Center, and Leesburg Regional Medical Center, Inc., Appellants, v. State of Florida, Agency for Health Care Administration, Appellee. Mount Sinai Medical Center of Florida, Inc., d/b/a Mount Sinai Medical Center and Citrus HMA, Inc., d/b/a Seven Rivers Regional Medical Center f/k/a Seven Rivers Community Hospital, Appellants, v. State of Florida, Agency for Healthcare Administration, Appellee.

District Court of Appeal of Florida, First District.

September 14, 2007.


Attorney(s) appearing for the Case

Steven T. Mindlin and Diane D. Tremor of Rose, Sundstrom & Bentley, L.L.P., Tallahassee; Michael J. Glazer, C. Gary Williams, and John R. Beranek of Ausley & McMullen, Tallahassee; Jonathan L. Rue of Parker, Hudson, Rainer & Dobbs, Atlanta, GA; and Robert A. Weiss and Karen A. Putnal of Parker, Hudson, Rainer & Dobbs, Tallahassee, for Appellants.

Garnett W. Chisenhall, Chief Appellate Counsel, and Grant P. Dearborn and Tracy Lee Cooper, Assistant General Counsels, Tallahassee, for Appellee.


PER CURIAM.

The appellants challenge the Agency for Health Care Administration's (AHCA's) final order and its interpretation of section 395.701(2), Florida Statutes (2000), and the provisions of chapter 2000-256, Laws of Florida. The appellants argue that section 395.701(2), as amended, is ambiguous and the administrative law judge (ALJ) erred in his interpretation. We agree and reverse.

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