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CHILDREN'S v. STATE DEPT. OF HEALTH

No. 23480-7-II.

975 P.2d 567 (1999)

CHILDREN'S HOSPITAL AND MEDICAL CENTER, a not for profit corporation, Appellant, v. WASHINGTON STATE DEPARTMENT OF HEALTH and Tacoma General Hospital, Respondents.

Court of Appeals of Washington, Division 2.

April 30, 1999.

Attorney(s) appearing for the Case

Richard Arthur McCartan, Assistant Attorney General, Olympia, Stephen Iver Pentz, Bennett, Bigelow & Leedom, Seattle, for Respondents.

Paul L. Ahern, Sandler, Ahern & McConaughy, Seattle, for Appellant.

HUNT, J.

Children's Hospital and Medical Center appeals dismissal of its lawsuit against the Washington State Department of Health challenging the Department's determination that Tacoma General Hospital could perform pediatric open heart surgeries without a Certificate of Need (CN) review. Holding that CN review is mandatory, we reverse.

FACTS

Children's Hospital and Medical Center (Children's) is a 208...

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