FILED NOT FOR PUBLICATION MAY 7 2020 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICK ALLEN, in his official capacity No. 18-35593 as DIRECTOR OF OREGON HEALTH AUTHORITY, an agency of the State of D.C. No. 3:18-cv-00212-MO Oregon, ORDER AMENDING Plaintiff-Appellant, MEMORANDUM DISPOSITION v. FAMILYCARE, INC., an Oregon non- profit corporation, Defendant-Appellee.

FAMILYCARE, INC., an Oregon non- No. 19-35103 profit corporation, Plaintiff-Appellant, D.C. No. 6:18-cv-00296-MO v. OREGON HEALTH AUTHORITY, an agency of the State of Oregon; PATRICK ALLEN, in his official capacity as Director of Oregon Health Authority, Defendants-Appellees, and LYNNE SAXTON, Defendant.

FAMILYCARE, INC., an Oregon non- No. 18-35891 profit corporation, D.C. No. 6:18-cv-00296-MO Plaintiff-Appellee, v. PATRICK ALLEN, in his individual capacity, Defendant-Appellant, and OREGON HEALTH AUTHORITY, an agency of the State of Oregon; LYNNE SAXTON, Defendants.

FAMILYCARE, INC., an Oregon non- No. 18-36009 profit corporation, D.C. No. 6:18-cv-00296-MO Plaintiff-Appellee, v. LYNNE SAXTON, Defendant-Appellant, and PATRICK ALLEN, in his individual capacity; OREGON HEALTH AUTHORITY, an agency of the State of Oregon, Defendants.

FAMILYCARE, INC., an Oregon non- No. 18-36048 profit corporation, D.C. No. 6:18-cv-00296-MO Plaintiff-Appellant, v. LYNNE SAXTON, Defendant-Appellee, and PATRICK ALLEN, in his individual capacity; OREGON HEALTH AUTHORITY, an agency of the State of Oregon, Defendants.

Before: WOLLMAN,* FERNANDEZ, and PAEZ, Circuit Judges.

The memorandum disposition filed herein on April 30, 2020, is amended as follows: The penultimate sentence on page thirteen of the memorandum disposition is hereby revoked, and the following is substituted in its place: AFFIRMED in part and VACATED in part in No. 19-35103; AFFIRMED in Nos. 18-35593 and 18- 36009; REVERSED in Nos. 18-35891 and 18-36048.

* The Honorable Roger L. Wollman, United States Circuit Judge for the U.S. Court of Appeals for the Eighth Circuit, sitting by designation.