Leon FL Lawyers | Peter Schwarz -- eLawyers

91-004346 EAST POINTE HOSPITAL, INC., D/B/A EAST POINTE HOSPITAL vs HEALTHCARE COST CONTAINMENT BOARD (1991)

Division of Administrative Hearings, Florida Filed: Jul. 12, 1991

The issues are (a) whether petitioners' budget letters for fiscal year 1991-1992 should be accepted by respondent, and (b) whether the agency has utilized a non-rule policy in rejecting the letters, and if so, whether the policy has been adequately explained and justified.Appropriate manner to calculate the base for 1992 budget letter.

91-004762RU EAST POINTE HOSPITAL, INC., D/B/A EAST POINTE HOSPITAL vs HEALTHCARE COST CONTAINMENT BOARD (1991)

Division of Administrative Hearings, Florida Filed: Jul. 30, 1991

The issue is whether the methodology employed by respondent in calculating petitioners' budget letter gross revenues per adjusted admission is a rule, not duly promulgated, and thus is an illegal exercise of delegated legislative authority.Agency methodology to calcualte budget letter base gross revenue per adjusted admission is a rule.

90-005226 UHS OF MAITLAND, INC., D/B/A LA AMISTAD RESIDENTIAL TREATMENT CENTER vs HEALTHCARE COST CONTAINMENT BOARD (1990)

Division of Administrative Hearings, Florida Filed: Aug. 22, 1990

The ultimate issue in these cases is whether the Petitioners are subject to the regulatory jurisdiction of the Health Care Cost Containment Board pursuant to Chapter 407, Florida Statutes?Petitioners failed to prove they were not ""hospitals"" subject to juris- diction of the respondent. Also did not prove standing.

90-008145RP FLORIDA LEAGUE OF HOSPITALS, INC. vs HEALTHCARE COST CONTAINMENT BOARD (1990)

Division of Administrative Hearings, Florida Filed: Dec. 28, 1990

Whether respondent's proposed rule 10N-5.0605 is an invalid exercise of delegated legislative authority?Rule authorizing daily fine for excess annual gross revenue upheld. Rule not invalid though like language in bill excised by legislative staff sans vote.

90-005630RP CITIZENS OF THE STATE OF FLORIDA vs HEALTHCARE COST CONTAINMENT BOARD (1990)

Division of Administrative Hearings, Florida Filed: Sep. 06, 1990

Whether proposed Rule 10N-5.0235(1)(c) and (d), Florida Administrative Code, is an invalid exercise of delegated legislative authority?Proposed rules governing amendment of budget approved as budget letter not invalid because of failure to require detailed review of amendment.

88-002643 CENTRO ASTURIANO HOSPITAL, INC. vs. HOSPITAL COST CONTAINMENT BOARD (1988)

Division of Administrative Hearings, Florida Latest Update: Jul. 23, 1990

Whether the Petitioner should be subjected to a penalty pursuant to Section 395.5094, Florida Statutes (1987), or Section 407.51, Florida Statutes (1989)?Penalty imposed by HCCB for excess net revenue per adjusted admissions of hospital.

90-000204 GOLDEN GLADES REGIONAL MEDICAL CENTER vs HEALTHCARE COST CONTAINMENT BOARD (1990)

Division of Administrative Hearings, Florida Filed: Jan. 11, 1990

Whether the Respondent, the Health Care Cost Containment Board, should waive the requirement that Golden Glades Regional Medical Center file its audited actual experience or was the Respondent correct in declining to review the Petitioner's fiscal year 1990 proposed budget?Petitioner not entitled to budget increase in 1990 over 1989 because of failure to provide actual audited experience for 1989.

89-004219RP THE RETREAT vs HEALTH CARE COST CONTAINMENT BOARD (1989)

Division of Administrative Hearings, Florida Filed: Jul. 28, 1989

Whether the challenged portion of Rule 10N-5.015(15), Florida Administrative Code, as proposed by the Respondent, the Health Care Cost Containment Board, is an invalid exercise of delegated legislative authority?Proposed rule requiring hospital in 1st or 2nd year of operation to file detailed budget contrary to 407.50 and is invalid.

89-003436RU THE RETREAT vs. HEALTH CARE COST CONTAINMENT BOARD (1989)

Division of Administrative Hearings, Florida Latest Update: May 21, 1990

Whether the non-rule policy of the Respondent, the Health Care Cost Containment Board, requiring the Petitioner, The Retreat, to file a detailed budget for 1990, constituted an invalid "rule" under Section 120.52(14), Florida Statutes?Non-rule policy of Healthcare Cost Containment Board denying acceptance of hospital's budget letter was an invalid rule.

89-003579 THE RETREAT vs. HEATH CARE COST CONTAINMENT BOARD (1989)

Division of Administrative Hearings, Florida Latest Update: May 21, 1990

Whether the Respondent may reject a budget letter for The Retreat's 1990 fiscal year and require The Retreat to file a detailed budget pursuant to a non- rule policy of the Respondent?Healthcare Cost Containment Board (HCCB) should accept petitioner's budget letter. Policy and proposed rule supporting HCCB declared invalid in 89-4219R & 89-3436R.

Peter Schwarz