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EL PASO COUNTY HOSP. DIST. v. TEXAS HEALTH & HUMAN SERV. COM'N

No. 03-03-00770-CV.

161 S.W.3d 587 (2005)

EL PASO COUNTY HOSPITAL DISTRICT d/b/a R.E. Thomason General Hospital; Conroe Hospital Corporation d/b/a Conroe Regional Medical Center; Bay Area Healthcare Group, Ltd. d/b/a Corpus Christi Medical Center; Sunbelt Regional Medical Center, Inc. d/b/a East Houston Regional Medical Center; El Paso Healthcare System, Ltd. d/b/a Las Palmas Medical Center and Del Sol Medical Center; Methodist Healthcare System of San Antonio, Ltd. d/b/a Methodist Specialty & Transplant Hospital; Northeast Methodist Hospital; Southwest Texas Methodist Hospital; Columbia/St. David's Healthcare System, L.P. d/b/a North Austin Medical Center; HCA Health Service of Texas, Inc. d/b/a Rio Grande Regional Hospital; St. David's Medical Center and Round Rock Medical Center; Brownsville-Valley Regional Medical Center, Inc. d/b/a Valley Regional Medical Center, Appellants, v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION and Don Gilbert, Commissioner, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 7, 2005.

Attorney(s) appearing for the Case

Marie R. Yeates, Vinson & Elkins, L.L.P., Houston, Spikes Kangerga, Vinson & Elkins, L.L.P., James E. Gjerset, Lance J. Ramsey, Austin, for Appellants.

Robert L. Seibert, Asst. Atty. Gen., Austin, for Appellees.

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.

OPINION

BEA ANN SMITH, Justice.

Appellants (the Hospitals) sued the Health and Human Services Commission (the Commission) seeking a declaration (1) that the Commission's cut-off date for the submission of paid claims to determine reimbursement rates for inpatient Medicaid services is invalid under the Administrative Procedure Act (APA) and (2) that the Commission failed to follow its administrative appeals rule applicable to the Hospitals' claims...

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