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ABBOTT v. BANNER HEALTH NETWORK

No. 1 CA-CV 13-0259.

341 P.3d 478 (2014)

Jackie ABBOTT; Robert Bergansky; Raymond Brown; Nicholas Bigler; Richard Campuzano; Dalton Gormey; Tracy James; Stephanie Krueger; Zainab Mohamed; Robert Pierson; Lucas Smith; Robert Van Steenburgh; Amber Winters; Christina Yerkey; and Steven Young, Plaintiffs/Appellants, v. BANNER HEALTH NETWORK fna Banner Health, Inc., an Arizona corporation; Dignity Health fka Catholic Healthcare West, a California corporation; Scottsdale Healthcare Corp., an Arizona corporation; Northwest Hospital LLC, a Delaware corporation; Northern Arizona Healthcare Corp., an Arizona corporation; John C. Lincoln Health Network, an Arizona corporation; University Medical Center Corp., an Arizona corporation; Carondelet Health Network, an Arizona corporation; Tucson Medical Center, an Arizona corporation; Oro Valley Hospital, LLC, a Delaware corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

December 23, 2014.

Attorney(s) appearing for the Case

Knapp & Roberts, P.C., By David L. Abney, Scottsdale, Levenbaum Trachtenberg, PLC, By Geoffrey M. Trachtenberg, The Entrekin Law Firm, By B. Lance Entrekin, Phoenix, Co-Counsel for Plaintiffs/Appellants.

Gammage & Burnham, P.L.C., By Cameron C. Artigue and Christopher L. Hering, Phoenix, Counsel for Defendant/Appellee.

Presiding Judge DONN KESSLER delivered the decision of the Court, in which Judge PATRICIA K. NORRIS and Judge MAURICE PORTLEY joined.

OPINION

¶ 1 This appeal addresses whether hospitals who accept payment from the Arizona Health Care Cost Containment System ("AHCCCS") for services rendered to AHCCCS patients ("Patients") can later seek to impose and enforce liens on funds the Patients have obtained from third-party tortfeasors related to...

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