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BLUE CROSS v. OUTPATIENT SURGERY CENTER

Nos. 1D09-4882, 1D09-4883, 1D09-4884, 1D09-4885, 1D09-5270, 1D10-405, 1D10-406.

66 So.3d 952 (2011)

BLUE CROSS BLUE SHIELD OF FLORIDA, INC. and Health Options, Inc., Appellants, v. OUTPATIENT SURGERY CENTER OF ST. AUGUSTINE, Appellee. Blue Cross Blue Shield of Florida, Inc. and Health Options, Inc., Appellants, v. Lake-Sumter Emergency Medical Services, Inc., Appellee. Blue Cross Blue Shield of Florida, Inc. and Health Options, Inc., Appellants, v. State of Florida, Agency for Health Care Administration, and Bayfront Medical Center, Appellees. Blue Cross Blue Shield of Florida, Inc. and Health Options, Inc., Appellants, v. State of Florida, Agency for Health Care Administration, and Lake-Sumter Emergency Medical Services, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 11, 2011.

Attorney(s) appearing for the Case

George N. Meros, Jr. , and Andy V. Bardos of GrayRobinson, P.A., Tallahassee; Daniel Alter of Gray Robinson, P.A., Ft. Lauderdale, for Appellants.

James M. Barclay of Law Office of James M. Barclay, P.A., Tallahassee, and Jerry L. Rumph, Jr. , Tallahassee, co-counsel for Bayfront Medical Center, Inc. and Lake-Sumter Emergency Medical Services, Inc., Appellees. Tracy Lee Cooper , Chief Appellate Counsel, Agency for Health Care Administration, Tallahassee, for Agency for Health Care Administration, Appellee. Scott Warburton of Adams, Coogler, Watson, Merkel, West Palm Beach, for Outpatient Surgery Center of St. Augustine, LLC., Appellee.

DODSON, CHARLES W., Associate Judge.

These consolidated appeals challenge the constitutionality of the dispute resolution process established by section 408.7057, Florida Statutes (2009), as applied to a respondent. That statute directs appellee Agency for Health Care Administration (AHCA) to establish a program to provide assistance for the resolution of disputes between health plans and health care providers. It also instructs AHCA to contract with a dispute resolution...

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