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EL PASO HOSP. DIST. v. TEXAS HEALTH & HUMAN SERV.

No. 05-0372.

247 S.W.3d 709 (2008)

EL PASO HOSPITAL DISTRICT d/b/a R.E. Thomason General Hospital District, et al., Petitioner, v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION and Don Gilbert, Commissioner, Respondents.

Supreme Court of Texas.

Decided February 22, 2008.

Attorney(s) appearing for the Case

Marie R. Yeates, Houston, Spikes Kangerga, Julie Plantes Woody, Vinson & Elkins L.L.P., James E. Gjerset, Lance James Ramsey, Shauna L. Lorenz, Gjerset & Lorenz, Austin, TX, for Petitioner.

Robert L. Seibert, Office of Attorney General, Greg Abbott, Attorney General of Texas, Barry Ross McBee, Office of Atty. Gen., Edward D. Burbach, Office of Atty. Gen., Barbara Bryant Deane, Assistant Atty. Gen., Rafael Edward Cruz, Office of Atty. Gen., Rance L. Craft, Kristofer S. Monson, Assistant Solicitor Gen., Kent C. SullivanFirst Asst. Atty. Gen., and David S. Morales, Office of Atty. Gen., Austin, TX, for Respondents.

Ron Beal, pro se.

Justice MEDINA delivered the opinion of the Court.

We grant El Paso Hospital District's motion for rehearing, withdraw our opinion and judgment dated August 31, 2007, and substitute the following in its place.

In this appeal from the denial of a declaratory judgment, we are asked whether the Texas Health and Human Services Commission's (HHSC) data-collection method for calculating prospective Medicaid inpatient service rates is an agency rule as defined by...

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