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UNIVERSITY OF WASH. MED. CTR. v. DEPT. OF HEALTH

No. 80264-5.

187 P.3d 243 (2008)

UNIVERSITY OF WASHINGTON MEDICAL CENTER, Respondent, v. WASHINGTON STATE DEPARTMENT OF HEALTH, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 10, 2008.

Attorney(s) appearing for the Case

Peter Scott Ehrlichman, Brian William Grimm, Dorsey & Whitney LLP, Seattle, Richard Arthur McCartan, Alan D. Copsey, Attorney General's Office, Olympia, for Petitioner.

Kathleen Dell Benedict, Narda D. Pierce, Benedict Garratt Pond & Pierce, Olympia, for Respondent.

CHAMBERS, J.

¶ 1 Under Washington law, certain medical services can be offered only by holders of a "certificate of need" issued by the Washington State Department of Health. We are asked to decide whether the department improperly gave Swedish Medical Center a certificate of need to provide liver transplants. We conclude it did not and reinstate the health law judge's order approving the certificate.

BACKGROUND

¶ 2 In 1979, our legislature...

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