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BAKER MEDICAL SERVS. v. AETNA HEALTH MGMT.

No. 1D08-0067.

31 So.3d 842 (2010)

BAKER COUNTY MEDICAL SERVICES, INC. d/b/a Ed Fraser Memorial Hospital, Appellant, v. AETNA HEALTH MANAGEMENT, LLC, a Delaware Limited Liability Company, and Humana Medical Plan, Inc., a Florida for-Profit Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 7, 2010.

Attorney(s) appearing for the Case

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

Edward J. Pozzuoli and Stephanie Alexander of Tripp Scott, P.A., Fort Lauderdale, for Amicus Curiae, Florida Hospital Association.

Andres Gonzalez, Steven M. Ziegler, and H. Michael Muniz of Law Offices of Steven M. Ziegler, P.A., Hollywood, for Appellee Aetna Health Management, LLC.

Katherine E. Giddings, Steven A. Grigas, and Bruce D. Platt of Akerman Senterfitt, Tallahassee, for Appellee Humana Medical Plan, Inc.

George N. Meros, Jr. and Andy V. Bardos of GrayRobinson, P.A., Tallahassee, for Amicus Curiae, Florida Association of Health Plans.

ROBERTS, J.

Baker County Medical Services, Inc. (BCMS), appeals a final judgment interpreting section 641.513(5)(b), Florida Statutes (2006). BCMS raises two issues on appeal. First, BCMS argues that the trial court erred in ruling that the term "provider" in section 641.513(5)(b) is not limited to any specific type of provider. We disagree and affirm on the first issue. Second, BCMS argues that the trial court erred in ruling that the phrase "usual and customary...

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