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MISSION HOSPITAL REGIONAL MEDICAL CENTER v. SHEWRY

No. C054868.

168 Cal.App.4th 460 (2008)

MISSION HOSPITAL REGIONAL MEDICAL CENTER et al., Plaintiffs and Appellants, v. SANDRA SHEWRY, as Director, etc., Defendant and Appellant. KAISER FOUNDATION HOSPITALS et al., Plaintiffs and Appellants, v. SANDRA SHEWRY, as Director, etc., Defendant and Appellant.

Court of Appeals of California, Third District.

November 19, 2008.

Attorney(s) appearing for the Case

Hooper, Lundy & Bookman, Lloyd A. Bookman, Byron J. Gross, Jordan B. Keville and Felicia Y. Sze for Plaintiffs and Appellants.

Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Julie Weng-Gutierrez and Anthony V. Seferian, Deputy Attorneys General, for Defendant and Appellant.

OPINION

NICHOLSON, J.

We enter here into the arcane world of Medicaid law to answer a fundamental question: does a federal statute imposing notice and comment requirements apply to actions taken or mandated by a state legislature? In 2004, the California Legislature, as part of adopting a state budget after the constitutional budget deadline had expired, proposed and enacted over only a three-day period a freeze on the rates the state would...

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