ABBOTT v. BANNER HEALTH NETWORK

No. CV-15-0013-PR.

372 P.3d 933 (2016)

239 Ariz. 409

Jackie ABBOTT; Robert Bergansky; Raymond Brown; Nicholas Bigler; Richard Campuzano; Dalton Gormey; Tracy James; Stephanie Krueger; Zainab Mohamed; Robert Pierson; Lucas Smith; Robert Van Steenburgh; Amber Winters; Christina Yerkey; and Steven Young, Plaintiffs/Appellants, v. BANNER HEALTH NETWORK fka Banner Health, Inc., an Arizona Corporation; Dignity Health fka Catholic Healthcare West, a California Corporation; Scottsdale Healthcare Corp., an Arizona Corporation; Northwest Hospital LLC, a Delaware Corporation; Northern Arizona Healthcare Corp., an Arizona Corporation; John C. Lincoln Health Network, an Arizona Corporation; University Medical Center Corp., an Arizona Corporation; Carondelet Health Network, an Arizona Corporation; Tucson Medical Center, an Arizona Corporation; Oro Valley Hospital, LLC, a Delaware Corporation, Defendants/Appellees.

Supreme Court of Arizona.

May 23, 2016.


Attorney(s) appearing for the Case

David L. Abney , Knapp & Roberts P.C., Scottsdale; Geoffrey M. Trachtenberg (argued) , Levenbaum Trachtenberg PLC, Phoenix; and B. Lance Entrekin , The Entrekin Law Firm, Phoenix, Attorneys for Jackie Abbott, Robert Bergansky, Raymond Brown, Nicholas Bigler, Richard Campuzano, Dalton Gormey, Tracy James, Stephanie Krueger, Zainab Mohamed, Robert Pierson, Lucas Smith, Robert Van Steenburgh, Amber Winters, Christina Yerkey, and Steven Young.

Richard B. Burnham , Cameron C. Artigue (argued) , Christopher L. Hering , Gammage & Burnham P.L.C., Phoenix, Attorneys for Banner Health Network, Banner Health Inc., Dignity Health, Catholic Healthcare West, Scottsdale Healthcare Corp., Northwest Hospital LLC, Northern Arizona Healthcare Corp., John C. Lincoln Health Network, University Medical Center Corp., Carondelet Health Network, Tucson Medical Center, and Oro Valley Hospital, LLC.

Stanley G. Feldman , Haralson, Miller, Pitt, Feldman & McAnally, P.L.C., Tucson; Adam Studnicki , Studnicki Law Firm, P.C., Scottsdale, and Lincoln Combs , Gallagher & Kennedy, P.A., Phoenix, Attorneys for Amici Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Justice BRUTINEL authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER, Justice TIMMER, and Justice BERCH (retired) joined.


¶ 1 Petitioners are health care providers ("Hospitals") who treated patients ("Patients") injured by third parties. The Hospitals were paid by the Patients' insurer, the Arizona Health Care Cost Containment System ("AHCCCS"), which had negotiated reduced rates with the Hospitals. The Hospitals then recorded...

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