PHOENIX CHILDREN'S HOSP. v. AHCCCS

No. 1 CA-CV 98-0117.

987 P.2d 763 (1999)

195 Ariz. 277

PHOENIX CHILDREN'S HOSPITAL, an Arizona corporation; Samaritan Health System, an Arizona corporation; Carondelet Health Services, Inc., an Arizona corporation, d/b/a Carondelet St. Joseph's Hospital and Carondelet St. Mary's Hospital; Chandler Regional Hospital, an Arizona corporation; Mesa General Hospital, an Arizona corporation; Flagstaff Medical Center, an Arizona corporation; Mesa General Hospital Medical Center, Inc., an Arizona corporation; Phoenix Baptist Hospital, an Arizona corporation; Scottsdale Memorial Hospital, an Arizona corporation; Mercy Healthcare Arizona, an Arizona corporation, d/b/a St. Joseph's Hospital and Medical Center; Tucson Medical Center, an Arizona corporation; University Medical Center Corporation, an Arizona corporation, Yuma Regional Medical Center, an Arizona corporation; and Galen of Arizona, Inc., an Arizona corporation, d/b/a Columbia Medical Center Phoenix, Plaintiffs-Appellants, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION, an agency of the State of Arizona; John Kelly, M.D., in his official capacity as Director, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied October 26, 1999.


Attorney(s) appearing for the Case

Gammage & Burnham, P.L.C. by Richard B. Burnham, Cameron C. Artigue, Phoenix, Attorneys for Appellants.

Johnston & Dodd, P.L.C. by Logan T. Johnston, Catherine M. Dodd, Anne C. Longo, Phoenix, Attorney for Appellees.


OPINION

BERCH, Judge.

¶ 1 Plaintiffs appeal the trial court's determination that they may not file a declaratory judgment action pursuant to Arizona Revised Statutes Annotated ("A.R.S.") section 41-1034 (1992) to challenge an agency policy that they claim should have been promulgated as a rule pursuant to the Administrative Procedure Act1 ("APA"). Plaintiffs also appeal the trial court's dismissal of their remaining claims...

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