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MULTICARE HEALTH SYSTEM v. DEPARTMENT OF HEALTH

No. 27924-0-II.

77 P.3d 363 (2003)

118 Wash.App. 597

MULTICARE HEALTH SYSTEM, a not-for-profit corporation, d/b/a Tacoma General Allenmore Hospital, Appellant, v. DEPARTMENT OF HEALTH OF the STATE of WASHINGTON; Auburn Regional Medical Center, Inc.; Public Hospital District No. 1 of King County, d/b/a Valley Medical Center; Enumclaw Community Hospital; Providence Health System—Washington; Providence Everett Medical Center; and Franciscan Health System—West, d/b/a St. Joseph Medical Center, d/b/a St. Francis Hospital, and d/b/a St. Clare Hospital, Respondents.

Court of Appeals of Washington, Division 2.

September 30, 2003.

Attorney(s) appearing for the Case

Stephen Iver Pentz, Bennett Bigelow & Leedom PS, Howard Mark Goodfriend, Edwards Sieh Smith & Goodfriend PS, Seattle, WA, for Appellant.

Michael B. King, Kathleen D. Benedict, Lane Powell Spears Lubersky LLP, Seattle, for Hospital Intervenor Respondent Auburn Regional Medical Center, Inc.

Donald W. Black, Ogden Murphy Wallace, Seattle, for Hospital Intervenor Respondents Public Hospital District No. 1 of King County, d/b/a Valley Medical Center, et al.

Richard A. McCartan, Asst. Atty. General for Respondent Department of Health.

MORGAN, J.

The question in this appeal is whether the "construction, development, or other establishment of a new health care facility" requires a Certificate of Need from the Department of Health when the new facility is to be operated under an existing license.

MultiCare is a Washington not-for-profit corporation. It operates Tacoma General Hospital and Allenmore Hospital in Pierce County. It is currently licensed for a total of 521 beds.

MultiCare...

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