Mission Hospital Regional Medical Center v. Shewry

In Mission Hospital Regional Medical Center v. Shewry (2008) 168 Cal.App.4th 460, several hospitals filed a petition for writ of mandate challenging the freeze on reimbursement rates as being violative of section 13(A) and section 30(A). (Mission Hospital, supra, at p. 477.) After reviewing the requirements of the Boren Amendment (former section 13(A)), section 13(A) and section 30(A), the court held that the Department violated section 13(A), by failing to provide the requisite notice and comment rulemaking procedures when it enacted the challenged rate freeze. (Mission Hospital, supra, 168 Cal.App.4th at pp. 471-472, 492.) In light of this holding, the court determined it need not address the parties' remaining arguments, but noted in passing that its "reasoning on the application of section (13)(A) would also require the application of section (30)(A)" in implementing the rate freeze. (Id. at p. 492.)