KING COUNTY PUBLIC HOSP. v. DEPT. OF HEALTH

No. 87574-0.

309 P.3d 416 (2013)

178 Wn.2d 363

KING COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, d/b/a Evergreen Healthcare, a Washington public hospital district, Swedish Health Services, d/b/a Swedish Visiting Nurse Services, a Washington non-profit corporation, Providence Hospice and Home Care of Snohomish County, a Washington non-profit corporation, and Hospice of Seattle, a Washington non-profit corporation, Petitioners, v. WASHINGTON STATE DEPARTMENT OF HEALTH, a Washington governmental agency, Secretary Mary Selecky, Secretary of Washington's Department of Health in her official and individual capacity, Odyssey Healthcare Operating B, LP, a Delaware corporation, and Odyssey Healthcare, Inc., a Delaware corporation, Respondents.

Supreme Court of Washington, En Banc.

Decided September 5, 2013.


Attorney(s) appearing for the Case

James Scott Fitzgerald , Gregory A. McBroom , Livengood Fitzgerald & Alskog PLLC, Kirkland, WA, Bruce W. Megard Jr. , Bennett Bigelow & Leedom PS, Seattle, WA, for Petitioners.

Richard Arthur McCartan , Rebecca R. Glasgow , Attorney General's Office, Jeffrey A.O. Freimund , Freimund Jackson Tardif & Benedict Garra, Olympia, WA, for Respondents.


GONZÁLEZ, J.

¶ 1 Rival hospice organizations challenge the Washington State Department of Health's decision (approved by a health law judge) to grant a certificate of need to Odyssey in connection with settling a federal lawsuit. The King County Superior Court revoked the certificate and remanded. The Court of Appeals reversed and reinstated Odyssey's certificate of need. We affirm that decision.

I. BACKGROUND

¶ 2 Since 1979, Washington...

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