ARIZONA SOC. OF PATHOLOGISTS v. AHCCCS

No. 1-CA-CV 01-0029.

38 P.3d 1218 (2002)

201 Ariz. 553

ARIZONA SOCIETY OF PATHOLOGISTS, an Arizona corporation; Mallon-Alvarez Pathology Group, P.C., an Arizona corporation, Plaintiffs-Appellants, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION, a State agency; Phyllis Biedess, in her official capacity as Director of AHCCCS, Defendants-Appellees.

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

January 22, 2002.


Attorney(s) appearing for the Case

Gammage & Burnham, P.L.C. By John R. Dacey, Cameron C. Artigue, Phoenix, Attorneys for Plaintiffs-Appellants.

Johnston & Kelly, P.L.C. By Logan T. Johnston, Phoenix, Attorneys for Defendants-Appellees.

Snell & Wilmer, L.L.P. By Barry D. Halpern, Andrew F. Halaby, Phoenix, Attorneys for Amicus Curiae Arizona Medical Association.

Sidley Austin Brown & Wood By Jack R. Bierig, Richard D. Raskin, Chicago, IL, Attorneys for Amicus Curiae College of American Pathologists.


OPINION

RYAN, Judge.

¶ 1 This litigation concerns Arizona Health Care Cost Containment System's ("AHCCCS")1 compensation of hospital-based pathologists for "indirect services." We conclude that AHCCCS did not have a lawful basis through a specific, applicable statute or properly promulgated rule for denying coverage of indirect pathology service claims. We therefore reverse the trial court's grant of summary judgment to...

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