Swedish Health Services, App. v. Dept. Of Health Of The State Of Wa., Res.

¶1

Cox, J.

The Department of Health grants certificates of need to hospitals within identified planning areas based on regulatory criteria. Here, one of two primary criteria is that “[a] 11 existing [percutaneous coronary interventions] programs in that planning area are meeting or exceeding the minimum volume standard.” It is undisputed that two such programs in the identified planning area where Swedish Health Services seeks a certificate of need are not meeting this “minimum volume standard.” Because controlling regulations bar issuing a certificate of need under these circumstances, the…