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TEXAS HHSC v. EL PASO COUNTY HOSP. DIST.

No. 03-09-00318-CV.

351 S.W.3d 460 (2011)

TEXAS HEALTH AND HUMAN SERVICES COMMISSION and Thomas Suehs, Commissioner, Appellants, v. EL PASO COUNTY HOSPITAL DISTRICT d/b/a R.E. Thomason General Hospital, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 4, 2011.

Attorney(s) appearing for the Case

Rance L. Craft , Office of the Attorney General, Assistant Solicitor General, Austin, TX, for Appellants.

James E. Gjerset , Shauna L. Lorenz , Lance J. Ramsey , Gjerset & Lorenz, L.L.P., Austin, TX, Marie R. Yeates , Julie Woody , Vinson & Elkins, L.L.P., Houston, TX, for Appellees.

Before Chief Justice JONES, Justices PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

Beginning in 2001, fourteen Texas hospitals (the Hospitals)1 initiated proceedings—first at the agency level, then in the courts—challenging the methodology used by the Health and Human Services Commission (HHSC) in determining the rates under which the agency reimburses Texas hospitals for inpatient services provided to Medicaid...

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