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ODYSSEY HEALTHCARE OPERATING BLP v. STATE, DEPT. OF HEALTH

No. 36489-1-II.

185 P.3d 652 (2008)

ODYSSEY HEALTHCARE OPERATING BLP and Its Parent Company, Odyssey Healthcare, Inc., Appellant, v. WASHINGTON STATE DEPARTMENT OF HEALTH, Respondent, Providence and Home Care of Snohomish County and Hospice of Seattle, Intervenor, and Franciscan Health System-West dba Franciscan Hospice, Intervenor.

Court of Appeals of Washington, Division 2.

June 17, 2008.

Attorney(s) appearing for the Case

Kathleen Dell Benedict, Benedict Garratt Pond & Pierce, Olympia, WA, for Appellants.

Donald W. Black, E. Ross Farr, Ogden Murphy Wallace, PLLC, Seattle, WA, James Scott Fitzgerald, Gregory A. McBroom, Livengood Fitzgerald & Alskog PLLC, Kirkland, WA, for Petitioner.

Richard Arthur McCartan, Atty. Gen. Office, Olympia, WA, Bruce W. Megard Jr., Bennett Bigelow & Leedom PS, Seattle, WA, for Respondent.

HUNT, J.

¶ 1 Odyssey Healthcare, Inc. appeals the superior court's denial of its petition for review from the Department of Health's administrative decision denying Odyssey's Certificate of Need applications to establish new for-profit hospice care agencies in King, Pierce, and Snohomish counties. Odyssey argues that the Department misinterpreted its own rule in forecasting future need for additional hospice care agencies. Holding that the record supports the...

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