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PROVIDENCE HEALTH v. DEPT. OF HEALTH

No. 73454-7-I.

378 P.3d 249 (2016)

PROVIDENCE HEALTH & SERVICES-WASHINGTON, d/b/a Providence Regional Medical Center Everett, and d/b/a Providence Sacred Heart Medical Center; and Swedish Health Services, d/b/a Swedish Medical Center/First Hill, Appellants, v. DEPARTMENT OF HEALTH OF THE STATE OF WASHINGTON, Respondent, University of Washington Medical Center, Intervenor.

Court of Appeals of Washington, Division 1.

FILED: July 5, 2016.

Attorney(s) appearing for the Case

Peter Scott Ehrlichman , Shawn J. Larsen-Bright , Dorsey Whitney LLP, 701 5th Avenue Suite 6100, Seattle, WA, 98104-7043, Counsel for Appellant.

Richard Arthur McCartan , Attorney General Office/AHCR Division, 7141 Cleanwater Dr. SW, P.O. Box 40109, Olympia, WA, 98504-0109, Counsel for Respondent.

Jeffrey A.O. Freimund , Freimund Jackson Tardif & Benedict Garra, 711 Capitol Way S Suite 602, Olympia, WA, 98501-1236, Counsel for Respondent Intervenor.

¶ 1 UWMC applied for a certificate of need to add 79 acute care beds to its Seattle facility. The traditional numeric methodology did not demonstrate need. However, the Department's certificate of need program approved the application. The HLJ upheld this approval, reasoning that an alternative methodology, Criterion 2, showed...

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