CENTENNIAL VILLAS, INC. v. DSHS

Nos. 8537-2-II; 9619-6-II; 9821-1-II; 9822-9-II; 9823-7-II; 9824-5-II; 10185-8-II.

47 Wn. App. 42 (1987)

733 P.2d 564

CENTENNIAL VILLAS, INC., Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant. SISTERS OF ST. JOSEPH OF PEACE HEALTH AND HOSPITAL SERVICES, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant. ST. JOSEPH HOSPITAL AND HEALTH CARE CENTER, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant. KADLEC MEDICAL CENTER, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant. COULEE COMMUNITY HOSPITAL ASSOCIATION, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant. KING COUNTY HOSPITAL DISTRICT NO. 2, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant. GRAYS HARBOR COMMUNITY HOSPITAL, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant.

The Court of Appeals of Washington, Division Two.

As amended by order March 18, 1987.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and James R. Watt and Morton M. Tytler, Assistants, for appellant.

Jerry Kindinger and Ryan, Swanson, Hendel & Cleveland, for respondent Centennial Villas.

Jonathan A. Kroman and Garvey, Schubert & Barer, for respondent Sisters of St. Joseph of Peace.

Paul L. Stritmatter and Stritmatter, Kessler & McCauley, for respondent Grays Harbor Community Hospital.

Gregory M. Miller, Stephen I. Pentz, and Bennett & Bigelow, for respondents Kadlec Medical Center, et al.

Robert A. Castrodale, for respondent Coulee Community Hospital.

Thomas H. Grimm and Inslee, Best, Chapin, Doezie & Ryder, P.S., for respondent King County Hospital Dist.

Stew Cogan and Thomas S. Linde on behalf of Home Care Association of Washington, amici curiae for appellant.

Mitchell J. Olejko and Susan J. Woyna on behalf of Visiting Nurse Services of Seattle-King County, amici curiae.


[As amended by order of the Court of Appeals March 18, 1987.]

PETRICH, J.

The State of Washington, Department of Social and Health Services (DSHS), appeals from summary judgments of the Thurston County Superior Court declaring that existing health care facilities need not apply for a second certificate of need before providing home health care services. The dispositive issue in this consolidated appeal is whether the offering of home health care services,...

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