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ORTHOPAEDIC HOSP. v. BELSHE

No. 95-55607.

103 F.3d 1491 (1997)

ORTHOPAEDIC HOSPITAL and the California Association of Hospitals and Health Systems, Plaintiffs-Appellants, v. Kimberly BELSHE, Director of the State Department of Health Services, State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1997.

Attorney(s) appearing for the Case

Lloyd A. Bookman and Jonathan P. Neustadter, Hooper, Lundy & Bookman, Los Angeles, California, for plaintiffs-appellants.

Laurie R. Pearlman, Los Angeles, California; Jonathan R. Davis, Los Angeles, California, for defendant-appellee.

Before: FLETCHER and TASHIMA, Circuit Judges, and RESTANI, Judge.

FLETCHER, Circuit Judge:

Plaintiffs-Appellants Orthopaedic Hospital and the California Association of Hospitals and Health Systems claim that Defendant-Appellee Director of the California Department of Health Services violated section 1396a(a)(30)(A) of the federal Medicaid Act, 42 U.S.C. §§ 1396a-1396v (West 1992 & Supp.1996) by setting reimbursement rates for hospital providers of outpatient services without proper consideration of the effect of hospital...

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