Orthopedic Hospital of Oklahoma v. Oklahoma State Department of Health

Opinion by

BAY MITCHELL, Judge.

¶ 1 Defendants, the Oklahoma State Department of Health, the Oklahoma State Board of Health, and the Oklahoma State Commissioner of Health (collectively the “State of Oklahoma”), appeal from a trial court order granting summary judgment to Plaintiff, Orthopedic Hospital of Oklahoma, L.L.C. (Orthopedic Hospital), on the ground that 63 O.S. Supp.1999 § l-702b is unconstitutional, and permanently enjoining the State of Oklahoma from enforcing the statute or its regulations. The trial court determined the statute was unconstitutional under § 1 of the Fourteenth…