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CALIFORNIA ASSN. FOR HEALTH SERVICES AT HOME v. STATE DEPT. OF HEALTH CARE SERVICES

No. C064095.

204 Cal.App.4th 676 (2012)

138 Cal. Rptr. 3d 889

CALIFORNIA ASSOCIATION FOR HEALTH SERVICES AT HOME et al., Plaintiffs and Respondents, v. STATE DEPARTMENT OF HEALTH CARE SERVICES et al., Defendants and Appellants.

Court of Appeals of California, Third District.

March 26, 2012.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Ismael A. Castro and Rebecca M. Armstrong , Deputy Attorneys General, for Defendants and Appellants.

Foley & Lardner, Robert C. Leventhal and Jeffrey R. Bates for Plaintiffs and Respondents.

OPINION

BLEASE, Acting P. J.—

In this appeal from a judgment granting a petition for a supplemental writ of mandate, we must decide whether the State Department of Health Care Services (the Department)1 was required to consider provider costs or otherwise comply with the Ninth Circuit's decision in Orthopaedic Hospital v. Belshe (9th Cir. 1997) 103 F.3d 1491 (Orthopaedic...

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