Arizona Physicians IPA, Inc. v. Western Arizona Regional Medical Center
228 Ariz. 112
Ariz. Ct. App.2011Background
- APIPA appealed the superior court’s dismissal of its judicial-review complaint.
- WARMC submitted seven grievances in 2004–2005 alleging APIPA underpaid on certain services.
- AHCCCS timeline determination involved timely receipt of grievances; 1354 claims found timely, 27 line items untimely.
- AHCCCS issued a Director’s Decision sustaining the ALJ on timeliness; APIPA sought review; AHCCCS issued a Final Decision stating review was proper under the APA.
- Superior court dismissed as interlocutory; this appeal challenges whether the contested decision qualifies as a final agency decision under the APA.
- AHCCCS remanded the merits for further agency consideration, not concluding the proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the AHCCCS timeliness determination a final agency decision subject to review? | APIPA argues the decision terminates the proceedings. | AHCCCS treats it as a remand/interlocutory step. | No; not a final decision for purposes of the APA. |
| Does the administrative order on timeliness constitute a final decision despite ongoing proceedings on merits? | Timeliness ruling ends the dispute against APIPA on those claims. | Order directs merits review later; not final. | Not final; proceedings continue. |
| Can a superior court review an interlocutory agency decision under the APA? | Review is available for final agency actions. | Interlocutory ruling cannot be reviewed until final. | Interlocutory order not subject to APA judicial review. |
| Did the agency’s mischaracterization of the decision create jurisdiction in the superior court? | Agency example created appeal rights. | Jurisdiction cannot be conferred by agency mislabeling. | No; jurisdiction cannot be created by mislabeling. |
Key Cases Cited
- Guminski v. Ariz. Veterinary Examining Bd., 201 Ariz. 180 (App. 2001) (limits on APA review; finality requirements)
- Alaska v. EEOC, 564 F.3d 1062 (9th Cir. 2009) (remand/continuation of proceedings; not final)
- Aluminum Co. of Am. v. United States, 790 F.2d 938 (D.C. Cir. 1986) (agency action not final when it requires further proceedings)
- Bennett v. Spear, 520 U.S. 154 (1997) (consummation of agency decisionmaking required for review)
- Bullock v. AIU Ins. Co., 995 So.2d 717 (Miss. 2008) (liability-deciding order not final without damages)
- Sun Shipbuilding & Dry Dock Co. v. Benefits Review Bd., 535 F.2d 758 (3d Cir. 1976) (finality when extent of damages unresolved)