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YAKIMA VALLEY MEMORIAL v. STATE DEPT. OF HEALTH

No. 12-35652.

731 F.3d 843 (2013)

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, and Yakima HMA, LLC, dba Yakima Regional Medical and Cardiac Center, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2013.

Attorney(s) appearing for the Case

James L. Phillips (argued), Miller Nash LLP, Seattle, WA, for Plaintiff-Appellant.

Pamela Anderson (argued) and Richard A. McCartan , Assistant Attorneys General, Olympia, WA, for Defendants-Appellees.

Before: M. MARGARET McKEOWN and SANDRA S. IKUTA, Circuit Judges, and CORMAC J. CARNEY, District Judge.

OPINION

McKEOWN, Circuit Judge:

This appeal involves a constitutional challenge under the Commerce Clause to Washington State Department of Health ("Department") Certificate of Need ("Certificate") regulations. In particular, the challenge targets regulations related to scheduled, or "elective," percutaneous coronary interventions ("PCIs"), which are nonsurgical procedures used to treat coronary heart disease. Hospitals without on-site cardiac surgical facilities...

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