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YAKIMA VALLEY MEMORIAL HOSP. v. DEPT. OF HEALTH

Nos. 10-35497, 10-35543.

654 F.3d 919 (2011)

YAKIMA VALLEY MEMORIAL HOSPITAL, a Washington nonprofit corporation, Plaintiff-Appellant, v. WASHINGTON STATE DEPARTMENT OF HEALTH; Mary C. Selecky, in her official capacity as Secretary of the Washington State Dept. of Health, Defendants-Appellees. Yakima Valley Memorial Hospital, a Washington nonprofit corporation, Plaintiff-Appellee, v. Washington State Department of Health; Mary C. Selecky, in her official capacity as Secretary of the Washington State Dept. of Health, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2011.

Attorney(s) appearing for the Case

James L. Phillips (argued), Miller Nash, LLP, Seattle, WA, for the appellant and cross-appellee.

Richard A. McCartan , Assistant Attorney General, Michael Steven Tribble (argued), Assistant Attorney General, Washington State Office of the Attorney General, Olympia, WA, for the appellee and cross-appellant.

Before: RAYMOND C. FISHER, RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges.

OPINION

FISHER, Circuit Judge:

The Washington State Department of Health (Department) will not license Yakima Valley Memorial Hospital (Memorial) to perform certain procedures known as elective percutaneous coronary interventions (PCI), which are used to treat diseased arteries of the heart. Examples of such procedures include stent implantation and laser angioplasty.1 Although Memorial already performs PCI in emergencies (no...

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