Westchester General Hosp. v. State, Dept. of Health & Rehabilitative Services, s. TT-222

• Court: Court of Appeal of Florida (US)
• Citation: 417 So.2d 261
• Docket Number: Nos. TT-222,VV-189,s. TT-222
• Parties: WESTCHESTER GENERAL HOSPITAL & Sylvia Urlich, as President of Westchester General Hospital, Appellants, v. STATE of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee.
• Decision Date: 22 March 1982

Page 261

417 So.2d 261 WESTCHESTER GENERAL HOSPITAL & Sylvia Urlich, as President of Westchester General Hospital, Appellants,
v.
STATE of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee. Nos. TT-222, VV-189. District Court of Appeal of Florida,
First District. March 22, 1982.

Page 262

Stephen Marc Slepin of Slepin & Slepin, Tallahassee, for appellants.

Eric J. Haugdahl, Tallahassee, for appellee.

PER CURIAM.

In this consolidated appeal, one point survives from a cross-appeal involving an order directed to a rule challenge brought by Westchester General Hospital, contending that Rules 10-5.02(21) and 10-5.05(2) were invalid exercises of legislative authority. Those rules were declared invalid exercises of legislative power by the hearing officer on the narrow ground that the HRS in promulgating them did not address in its economic impact statement the rules' impact on the regulated hospitals. We agree with the hearing officer and affirm the administrative order.

The cross-appellees maintain that the inadequacies of the economic impact statement were harmless error because the proposed rules merely reiterated their statutory authority. See Florida-Texas Freight, Inc. v. Hawkins, 379 So.2d 944 (Fla.1979). Hawkins, however, is distinguishable because the rules in the instant case were interpretative of the statute and have economic impact. See State Department of Health and Rehabilitative Services v. Framat Realty, Inc., 407 So.2d 238 (Fla. 1st DCA 1981). Cf. Department of Health and Rehabilitative Services v. Delray Hospital Corp., 373 So.2d 75 (Fla. 1st DCA 1979); School Board of Broward County v. Gramith, 375 So.2d 340 (Fla. 1st DCA 1979). ¹

The remaining arguments urged by the cross-appellee that the rules were otherwise invalid are not ripe for our consideration. See General Development Utilities, Inc. v. Florida Public Service Commission, Division of Administrative Hearings, 385 So.2d 1050 (Fla. 1st DCA 1980).

AFFIRMED.

ERVIN and SHAW, JJ., concur.

McCORD, J., dissenting.

McCORD, Judge, dissenting.

It is my view that the economic impact upon previously exempt health care facilities results from the statute which repeals their grandfather rights to exemption from certificate of need requirements, rather than from the rule which merely interprets the ambiguity of the statute. The hearing officer, in his final order, found:

The Department did not consider the increased costs that a provider would incur because...