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KING COUNTY PUBLIC HOSP. v. DEPT. OF HEALTH

No. 66304-6-I.

275 P.3d 1141 (2012)

167 Wn. App. 740

KING COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, d/b/a Evergreen Healthcare, a Washington public Hospital district; Swedish Health Services, d/b/a Swedish Visiting Nurse Services, a Washington non-profit corporation; Providence Hospice and Home Care of Snohomish County, a Washington non-profit corporation; and Hospice of Seattle, a Washington non-profit corporation, Respondents, v. WASHINGTON STATE DEPARTMENT OF HEALTH, a Washington Governmental agency; Secretary Mary Selecky, Secretary of Washington's Department of Health in her official and individual capacity; Odyssey Healthcare Operating B, LP, a Delaware Corporation; and Odyssey Healthcare, Inc., a Delaware Corporation, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered May 4, 2012.

Attorney(s) appearing for the Case

Jeffrey A.O. Friedmund , Kathleen Dell Benedict , Friedmund Jackson Tardoff & Benedicto Garra, Olympia, WA, for Appellant, Odyssey Healthcare.

Richard Arthur McCartan , Attorney General's Office, Olympia, WA, for Appellants, WA St. Dept. of Health, Secretary Mary Selecky.

Bruce W. Megard, Jr. , Bennett Bigelow & Leedom PS, Seattle, WA, for Respondents, Hospice of Seattle, Providence Hospital & Home Care.

James Scott Fitzgerald , Gregory A. McBroom , Livengood Fitzgerald & Alskog PLLC, Kirkland, WA, for Respondent, King County Public Hosp. # 2.

SPEARMAN, J.

¶ 1 We are asked to determine whether a Health Law Judge (HLJ) acted arbitrarily and capriciously in entering a final order approving a settlement between the Department of Health (Department) and Odyssey Healthcare. The central component of the settlement was the Department's approval of Odyssey's 2006 Certificate of Need (CN) application to provide hospice care in King County. Evergreen and other competing providers filed a petition for review...

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