Washington Health Care Association et al v. Dreyfus et al

Filing 70

ORDER granting 59 Defendants' Motion to Dismiss Based on Mootness. The Complaint is hereby DISMISSED with prejudice. Signed by Judge Ronald B. Leighton.(DN)

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[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS BASED ON MOOTNESS NO. C09-5395-RBL

The Honorable Ronald B. Leighton UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA WASHINGTON HEALTH CARE ASSOCIATION, a Washington non-profit corporation, et al., Plaintiffs, v. SUSAN N. DREYFUS, Secretary of the Washington State Department of Social and Health Services, et al., Defendants. This matter came before the Court on the Defendants' Motion to Dismiss Based on Mootness, dated June 16, 2010 ("Motion"). The Court has considered the pleadings, briefs, and submissions of counsel, including the following: 1. 2. The Motion, including all supporting declarations and exhibits; The plaintiffs' response to the Motion ("Response"), including all supporting NO. C09-5395RBL ORDER GRANTING DEFENDANTS' MOTION TO DISMISS BASED ON MOOTNESS

declarations and exhibits; and 3. exhibits. The defendants' reply to the Response, including all supporting declarations and

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ATTORNEY GENERAL OF WASHINGTON 7141 Cleanwater Dr SW PO Box 40124 Olympia, WA 98504-0124 [phone]

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In addition, the Court heard oral argument from counsel on July 9, 2010. Based on the foregoing, the Court has determined that the Motion should be granted. The Complaint for Declaratory and Injunctive Relief [Dkt. 1] ("Complaint") was sparked by a proposed payment cut to nursing facilities enacted by the Washington Legislature in 2009. See Order Granting Plaintiffs' Motion for Temporary Restraining Order [Dkt. 28], p. 2 (lines 1-6). The cut would have affected Medicaid rates for state fiscal year 2010 (the period of July 1, 2009, through June 30, 2010). Id. The cut was to a statewide weighted average rate known as the "budget dial." Id. In 2009, the Legislature set the budget dial at $156.37. Id.; see Wash. Laws 2009, ch. 564, § 206(1). But in 2010, the Legislature reversed course, increasing the budget dial for the fiscal year to $169.85. See Wash. Laws 2010, ch. 37, § 206(1). The Governor signed the budget-dial increase into law on May 4, 2010. See Certificate of Enrollment of Supplemental Operating Budget dated May 4, 2010. The budget-dial increase took effect immediately upon the Governor's signature. See Wash. Laws 2010, ch. 37, § 958. As a result, the State is no longer attempting to cut Medicaid payment rates to nursing facilities for fiscal year 2010. The facts that led to the lawsuit simply no longer exist. The case has become moot, because the issues presented in the Complaint are no longer live. The actions of the

Washington Governor and Legislature in 2010 prevent the Court from granting any further relief with respect to the Complaint. // // // // // //
[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS BASED ON MOOTNESS NO. C09-5395-RBL

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ATTORNEY GENERAL OF WASHINGTON 7141 Cleanwater Dr SW PO Box 40124 Olympia, WA 98504-0124 [phone]

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NOW, THEREFORE, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Based on Mootness is GRANTED. The Complaint is hereby dismissed with prejudice. DATED this 30th day of July, 2010.

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Presented by: ROBERT M. MCKENNA Attorney General s/ WILLIAM T. STEPHENS WILLIAM T. STEPHENS, WSBA No. 24254 R. TIMOTHY CRANDELL, WSBA No. 12178 Assistant Attorneys General Attorneys for Defendants Office of the Attorney General P.O. Box 40124 Olympia, WA 98504-0124 Phone: [phone] Fax: [phone] Attorneys' E-mail Addresses: bills3 @atg.wa.gov timc1 @atg.wa.gov

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS BASED ON MOOTNESS NO. C09-5395-RBL

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ATTORNEY GENERAL OF WASHINGTON 7141 Cleanwater Dr SW PO Box 40124 Olympia, WA 98504-0124 [phone]