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LONG TERM CARE PHARM. ALLI. v. TEXAS HHSC

No. 11-05-00361-CV.

249 S.W.3d 471 (2007)

LONG TERM CARE PHARMACY ALLIANCE, Omnicare Inc., and Pharmerica Inc., Appellants, v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION and Albert H. Hawkins, Commissioner, Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Overruled November 15, 2007.

Attorney(s) appearing for the Case

Amanda C. Gohlke, Robert L. Seibert, C. Dean Davis, Davis & Davis, P.C., Austin, for appellants.

Eugene A. Clayborn, Asst. Office of Atty. General of Texas, Austin, for appellees.

Panel consists of WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

Long Term Care Pharmacy Alliance, Omnicare Inc., and Pharmerica Inc. filed this action seeking a declaratory judgment that the Texas Health and Human Services Commission (HHSC) and its Commissioner Albert H. Hawkins failed to follow the requirements of the Texas Administrative Procedure Act (the APA)1 in adopting Section 355.8551(6), a rule that became effective October 5, 2003.

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