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HOSPICE OF SPOKANE v. STATE DEPT. OF HEALTH

No. 31116-3-III.

315 P.3d 556 (2013)

178 Wn. App. 442

HOSPICE OF SPOKANE, a Washington non-profit corporation, Appellant, 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, Family Home Care Corp., a Washington corporation, Respondents.

Court of Appeals of Washington, Division 3.

December 19, 2013.

Attorney(s) appearing for the Case

Peter A. Witherspoon , Attorney at Law, Spokane, WA, for Appellant.

Richard Arthur McCartan , Atty. Gen. Ofc. /AHCR Div., Jeffrey A.O. Freimund , Freimund Jackson Tardif & Benedict Garra, Olympia, WA, for Respondents.

KULIK, J.

¶ 1 The Washington State Department of Health (Department) approved Family Home Care's (FHC) certificate of need application to provide hospice services in Spokane County. Hospice of Spokane (HOS), an existing hospice provider, requested administrative review of the decision, contending that the Department incorrectly interpreted the six-step methodology in WAC 246-310-290(7) used to determine whether an additional hospice provider is needed in a particular...

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