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COMPASSIONATE CARE HOSPICE v. STATE

No. 1D16-5062.

247 So.3d 99 (2018)

COMPASSIONATE CARE HOSPICE OF the GULF COAST, INC., Appellant, v. STATE of Florida, Agency for Health Care Administration, Appellee, and Tidewell Hospice, Inc., Intervenor.

District Court of Appeal of Florida, First District.

May 25, 2018.

Attorney(s) appearing for the Case

Geoffrey D. Smith and Susan C. Smith , of Smith & Associates, Melbourne, for Appellant.

Tracy Cooper George , Chief Apepllate Counsel for Agency for Health Care Administration, Tallahassee, for Appellee Agency for Health Care Administration.

Robert D. Newell, Jr. , of Newell, Terry & Douglas, P.A., Tallahassee, for Intervenor Tidewell Hospice, Inc.

Hospice care in Florida is regulated by industry-specific certificate of need statutes implemented by the Agency for Health Care Administration, known as AHCA. To gain entry to the marketplace, a hospice provider must apply for and obtain a certificate of need; it cannot simply set up shop and compete for business. At issue is the application...

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