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AHCA v. CUSTOM MOBILITY, INC.

No. 1D07-4608.

995 So.2d 984 (2008)

AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. CUSTOM MOBILITY, INC., Appellee.

District Court of Appeal of Florida, First District.

September 4, 2008.

Attorney(s) appearing for the Case

Justin M. Senior, Chief Appellate Counsel, Tallahassee, for Appellant.

Cathy M. Sellers and Maureen McCarthy Daughton, of Broad and Cassel, Tallahassee and Beverly A. Pohl and Lester J. Perling, of Broad and Cassel, Ft. Lauderdale, for Appellee.

BROWNING, C.J.

The Agency for Health Care Administration (AHCA) appeals a final order of the Division of Administrative Hearings that held that a formula used by AHCA to calculate overpayments to Medicaid providers violated section 120.54(1)(a), Florida Statutes (2007). Because we find that the formula does not meet the statutory definition of a rule, we reverse the final order and remand the case for further proceedings consistent with this opinion.

AHCA...

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