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VICKSBURG HEALTHCARE v. DEPT. OF HEALTH

No. 2010 CA 1248.

63 So.3d 205 (2011)

VICKSBURG HEALTHCARE, LLC d/b/a River Region Health System v. STATE of Louisiana through the DEPARTMENT OF HEALTH AND HOSPITALS, and Alan Levine in his capacity as Secretary of the Louisiana Department of Health and Hospitals.

Court of Appeal of Louisiana, First Circuit.

March 25, 2011.

Attorney(s) appearing for the Case

Claude F. Reynaud, Jr. , Gregory D. Frost , Emily Black Grey , Traci S. Thompson , Baton Rouge, LA, for Plaintiff-Appellee Vicksburg Healthcare, LLC d/b/a River Region Health System.

Stephen R. Russo , Charles E. Daspit , Michael J. Coleman , Baton Rouge, LA, for Defendants-Appellants, Louisiana Department of Health and Hospitals and Alan Levine.

Before KUHN, PETTIGREW, and HIGGINBOTHAM, JJ.

KUHN, J.

Defendants-appellants, State of Louisiana through the Department of Health and Hospitals and its secretary Alan Levine (DHH or the department), appeal the trial court's judgment, granting summary judgment and declaring a reimbursement methodology promulgated by DHH (which appears as rules in various publications of the Louisiana Register) unconstitutional, as well as finding that all DHH's actions taken pursuant to that reimbursement methodology discriminated...

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