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Administrative Law Keyed to Schwartz
Sarasota County Public Hospital v. Department of Health
Citation:
553 So. 2d 189 (1989)Facts
In March 1988, Memorial Hospital and Doctors Hospital filed certificate of need applications to construct acute care hospitals within close proximity to each other in Sarasota, Florida. Doctors Hospital proposed to construct a completely new replacement facility at a different location, while Memorial Hospital proposed to construct a satellite hospital by transferring beds from its main facility. Neither application proposed adding beds above licensed capacity. HRS received both applications in the same review cycle but did not comparatively review them, reasoning that Doctors’ application was reviewable as a capital expenditure and Memorial’s as an additional healthcare facility. When HRS issued notices of intent to approve Doctors’ application and deny Memorial’s, Memorial petitioned for a formal administrative hearing seeking comparative review. The record showed that HRS had compared the applications to some degree, noting potential duplication of services if both facilities were approved.
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