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ASSN. OF HOMES v. AGENCY FOR HEALTH CARE

Nos. 1D17-4024 1D17-4025 1D17-4102 (Consolidated for disposition).

252 So.3d 313 (2018)

FLORIDA ASSOCIATION OF HOMES AND SERVICES FOR the AGING, INC. d/b/a LeadingAge Florida, Petitioner, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Department of Elder Affairs, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied August 27, 2018.

Attorney(s) appearing for the Case

Seann M. Frazier and Marc Ito of Parker, Hudson, Rainer & Dobbs, Tallahassee, for Petitioner.

William H. Roberts of the Agency for Health Care Administration, Tallahassee; and Stefan R. Grow of the Department of Elder Affairs, Tallahassee, for Respondents.

Petitioners, in these consolidated cases, seek review of Emergency Rules 58AER17-1, Procedures Regarding Emergency Environmental Control for Assisted Living Facilities, and 59AER17-1, Nursing Home Emergency Power Plan. Petitioners contend that the findings of immediate danger, necessity, and procedural fairness on which the rules...

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