California Court of Appeal

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Mission Hosp. Reg'l Med. Ctr. v. Shewry, C054868

In an action brought by over 100 state hospitals alleging section 32 of Senate Bill No. 1103, which froze reimbursement rates paid to noncontract hospitals for inpatient services during the state's 2004-2005 fiscal year, violated the Medicaid Act and that the Department of Health Care Services violated federal Medicaid regulation and state and federal protections, judgment rejecting most of plaintiffs' claims is reversed and remanded where: 1) the federal statute requiring notice and comment procedures applied to the state's action; 2) the state's process did not satisfy the federal statute; and 3) the trial court erred in its ruling under section (13)(A).

Appellate Information

  • Decided 11/19/2008
  • Published 11/19/2008

Judges

  • NICHOLSON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Hooper, Lundy & Bookman, Inc., Lloyd A. Bookman, Byron J. Gross, Jordan B. Keville, and Felicia Y. Sze, San Francisco, for Plaintiffs and Appellants.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Senior Assistant Attorney General, Julie Weng-Gutierrez and Anthony V. Seferian, Deputy Attorneys General, for Defendant and Appellant.
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