ASANTE v. CALIFORNIA DEPT. OF HEALTH CARE SERVICES

No. 16-16866, No. 16-17080, No. 17-15550.

886 F.3d 795 (2018)

ASANTE, an Oregon nonprofit corporation; Clark County, Nevada; Renown Regional Medical Center, Nevada non profit corporation; Sky Lakes Medical Center, Inc., An Oregon Non Profit Corporation; Southern Hills Medical Center, LLC, A Nevada Limited Liability Company; Sunrise Hospital and Medical Center, LLC, A Delaware Limited Liability Company registered in Nevada; PHC-Fort Mohave, Inc., An Arizona Corporation; Havasu Regional Medical Center, LLC, A Delaware Limited Liability Company registered in Arizona, on behalf of Havasu Regional Medical Center in Lake Havasu City, Arizona; Valley Health Systems, LLC, A Delaware Limited Liability Company registered in Nevada; Sparks Family Hospital, Inc., A Nevada Corporation; Summerlin Hospital Medical Center, LLC; Yuma Regional Medical Center, An Arizona non Profit Corporation; Sunrise Mountainview Hospital, Inc., A Nevada Corporation; Renown South Meadows Medical Center, Nevada Non Profit Corporation, Plaintiffs-Appellants, v. CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES; Jennifer Kent, Director of the California Department of Healthcare Services, Defendants-Appellees. Asante, an Oregon nonprofit corporation; Clark County, Nevada; Renown Regional Medical Center, Nevada non profit corporation; Sky Lakes Medical Center, Inc., An Oregon Non Profit Corporation; Southern Hills Medical Center, LLC, A Nevada Limited Liability Company; Sunrise Hospital and Medical Center, LLC, A Delaware Limited Liability Company registered in Nevada; PHC-Fort Mohave, Inc., An Arizona Corporation; Havasu Regional Medical Center, LLC, A Delaware Limited Liability Company registered in Arizona, on behalf of Havasu Regional Medical Center in Lake Havasu City, Arizona; Valley Health Systems, LLC, A Delaware Limited Liability Company registered in Nevada; Sparks Family Hospital, Inc., A Nevada Corporation; Summerlin Hospital Medical Center, LLC; Yuma Regional Medical Center, An Arizona non Profit Corporation; Sunrise Mountainview Hospital, Inc., A Nevada Corporation; Renown South Meadows Medical Center, Nevada Non Profit Corporation, Plaintiffs-Appellees, v. California Department of Health Care Services; Jennifer Kent, Director of the California Department of Healthcare Services, Defendants-Appellants. Asante, an Oregon nonprofit corporation; Clark County, Nevada; Renown Regional Medical Center, Nevada non profit corporation; Sky Lakes Medical Center, Inc., An Oregon Non Profit Corporation; Southern Hills Medical Center, LLC, A Nevada Limited Liability Company; Sunrise Hospital and Medical Center, LLC, A Delaware Limited Liability Company registered in Nevada; PHC-Fort Mohave, Inc., An Arizona Corporation; Havasu Regional Medical Center, LLC, A Delaware Limited Liability Company registered in Arizona, on behalf of Havasu Regional Medical Center in Lake Havasu City, Arizona; Valley Health Systems, LLC, A Delaware Limited Liability Company registered in Nevada; Sparks Family Hospital, Inc., A Nevada Corporation; Summerlin Hospital Medical Center, LLC; Yuma Regional Medical Center, An Arizona non Profit Corporation; Sunrise Mountainview Hospital, Inc., A Nevada Corporation; Renown South Meadows Medical Center, Nevada Non Profit Corporation, Plaintiffs-Appellees, v. California Department of Health Care Services; Jennifer Kent, Director of the California Department of Healthcare Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2018.


Attorney(s) appearing for the Case

Thomas J. Weiss (argued), Los Angeles, California; Michael S. Sorgen , Berkeley, California; Dean L. Johnson , Camano Island, Washington; for Plaintiffs-Appellants/Cross-Appellees.

Joshua Sondheimer (argued), Deputy Attorney General; Susan M. Carson , Supervising Deputy Attorney General; Julie Weng-Gutierrez , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Francisco, California; for Defendants-Appellees/Cross-Appellants.

Before: Ferdinand F. Fernandez, M. Margaret McKeown, and Julio M. Fuentes, Circuit Judges.


OPINION

Nineteen hospitals1 located outside of the State of California but near the California border with their respective states brought this action against the California Department of Health Services and against its director, Jennifer Kent, in her official capacity (collectively...

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