EL PASO COUNTY HOSP. DIST. v. TEXAS HHSC

No. 11-0830.

400 S.W.3d 72 (2013)

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

Supreme Court of Texas.

Decided May 17, 2013.


Attorney(s) appearing for the Case

James E. Gjerset , Lance James Ramsey , Shauna L. Lorenz , Gjerset & Lorenz, LLP, Austin, TX, Julie Plantes Woody , Marie R. Yeates , Michael A. Heidler , Vinson & Elkins, L.L.P., Houston, TX, for Petitioner El Paso County Hospital District.

Daniel T. Hodge , First Asst. Attorney General, David C. Mattax , Director of Defense Litigation, Office of the Attorney General, Eugene A. Clayborn , Assistant Attorney General, Environmental Protection & Admin Law, Greg W. Abbott , Attorney General of Texas, Jonathan F. Mitchell , Solicitor General, Office of the Attorney General, Ranee L. Craft , Office of the Attorney General, Austin TX, for Respondent, Texas health & Human Services Comm'n.


Justice DEVINE delivered the opinion of the Court.

This appeal raises two questions about an earlier appeal and opinion from this Court. See El Paso Hosp. Dist. v. Tex. Health & Human Servs. Comm'n, 247 S.W.3d 709 (Tex.2008). The earlier appeal concerned a suit by fourteen Texas hospitals against the Texas Health and Human Services Commission and its Executive Commissioner (collectively "HHSC"), which challenged a "cutoff...

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