GOLDEN GLADES REGIONAL MEDICAL CENTER, APPELLANT,
v.
STATE OF FLORIDA, HEALTH CARE COST CONTAINMENT BOARD, APPELLEE
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The court held that the Health Care Cost Containment Board lacked authority to impose assessments against a hospital owner for revenues earned prior to acquisition and that there was insufficient evidence of net operating revenues during the relevant period.
The Health Care Cost Containment Board assessed Public Medical Assistance Trust Fund charges against a hospital owner for revenues earned in 1987. The…
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SCHWARTZ, Chief Judge.
We reverse both of the Public Medical Assistance Trust Fund assessments imposed by the Health Care Cost Containment Board against the appellant for the year 1987. We do so because (a) there is neither statutory nor any other authority for imposing assessments against the owner of a hospital for revenues earned prior to its acquisition of the property, see § 395.003, Fla.Stat. (1987); and (b) there is no substantial competent evidence to support the finding that there were any “net operating revenues,” § 395.-101, Fla.Stat. (1987), at all, let alone the amount assessed, realized by the appellant during the only pertinent time; that is between the date it purchased the hospital, December 10, 1987, and the end of the year. Indeed, it is clear the Board’s determinations were entirely founded upon the wholly unjustified legal fiction that the hospital had continued to realize the profits reported in a previous year, when the known facts of the “actual experience of the hospital,” see § 395.101(2), including the bankruptcy of its owner, were completely to the contrary. See Alan & Alan, Inc. v. Gulfstream Car Wash, Inc., 385 So. 2d 121 (Fla. 3d DCA 1980); 23 Fla.Jur.2d Evidence and Witnesses § 83 (1980); 29 Am.Juf.2d Evidence § 165 (1967). Accordingly, the final order under review is reversed, and the cause is remanded as to the year 1987 solely for the purpose of making an appropriate determination of the appellant’s assessment, if any, for the period of December 10, 1987 to December 31, 1987.
Reversed, remanded with directions. 1
. As in Palm Springs General Hosp., Inc. v. Health Care Cost Containment Board, 560 So. 2d 1348, 1350 n. 2 (Fla. 3d DCA 1990), which involved the same facility, we deem it appropriate to assess appellate attorney's fees against the HCCCB under § 120.57(l)(b)(10), Fla.Stat. (1989). As in that case, we appoint a duly designated hearing examiner of the DOAH to act as a commissioner of this court to determine the amount.
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LeWINTER v. The Guardianship of Louis LeWINTER, 606 So. 2d 387 (Fla. 3d DCA 1992)…dered entirely valueless by the admitted fact that Mr. LeWinter’s condition had markedly improved in the meantime. See Bludworth v. Bray, 59 Fla. 437, 52 So. 957 (1910); Golden Glades Regional Medical Ctr. v. State, Health Care Cost Containment Bd., 586 So. 2d 422 (Fla. 3d DCA 1991). Second, the trial judge’s own opinion that the ward was incapacitated by lapses of attention and memory3 is a mere non-expert conclusion entitled to no eviden-tiary weight. See Bergman v. Serns, 443 So. 2d 130 (Fla. 3d DCA 1983),…
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Campbellton-Graceville Hosp. v. Dep't of Health & Rehabilitative Servs., 610 So. 2d 82 (Fla. 1st DCA 1992)…ments against the owner of a hospital for revenues earned prior to its acquisition of the property. See section 395.003, Florida Statutes (1987). Hospital Corporation cites Golden Glades Regional Medical Center v. Health Care Cost Containment Board, 586 So. 2d 422 (Fla. 3d DCA1991). Subsection (7) of Rule 10N-5.002 FAC defines change of hospital ownership as occurring when there is a “leasing of the hospital when the lessee agrees to undertake and provide services at the hospital to the extent that legal lia…
Authorities Cited
- Alan & Alan, Inc. v. Gulfstream CAR Wash, Inc., 385 So. 2d 121 (Fla. 3d DCA 1980)
- Palm Springs Gen. Hosp., Inc. v. Health Care Cost Containment Bd., 560 So. 2d 1348 (Fla. 3d DCA 1990)