District Court of Appeal of Florida
Baycare Health Sys., Inc. v. Agency for Health Care Admin., 2D05-1691
Agency orders effectively denying reimbursement of approximately $2 million for medical services that claimant-owner/operator's hospitals provided to patients insured by an HMO are affirmed where: 1) an alternative dispute resolution process offered by Florida Statutes section 408.7057 is completely voluntary, and because claimant elected to initiate that process and forego the rights it otherwise would have had to a civil action in circuit court, it had not been deprived of due process of law; and 2) as agency complied with section 408.7057 and the mandate of a prior case, there was no basis for setting aside its orders.
Appellate Information
- Decided 10/27/2006
- Published 10/27/2006
Judges
- ALTENBERND, Judge.
Court
- District Court of Appeal of Florida
Counsel
- For Appellant:
- H. Jack Klingensmith and Elinor E. Baxter of Walters Levine Klingensmith & Thomison, P.A., Sarasota, for Appellant., Edward J. Pozzuoli and Stephanie Alexander of Tripp Scott, P.A., Fort Lauderdale, for Amici Curiae Florida Hospital Association, Florida College of Emergency Physicians, Florida Medical Association, and the American College of Emergency Physicians., George N. Meros, Jr., and Allen C. Winsor of Gray Robinson, P.A., Tallahassee, for Amicus Curiae Florida Association of Health Plans.
- For Appellees:
- Garnett W. Chisenhall, Jr., and Brian T. Mulligan, General Counsel's Office, Tallahassee, for Appellee Agency for Health Care Administration; and John Radey and Donna E. Blanton of Radey Thomas Yon & Clark, P.A., Tallahassee, for Appellee Health Options, Inc.