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HORVATH v. KEYSTONE HEALTH PLAN EAST, INC.

No. 02-1731.

333 F.3d 450 (2003)

Donna HORVATH, on behalf of herself and all others similarly situated v. KEYSTONE HEALTH PLAN EAST, INC. Donna Horvath, on behalf of herself and the proposed class she seeks to represent, Appellant.

United States Court of Appeals, Third Circuit.

Filed June 23, 2003.

Attorney(s) appearing for the Case

H. Laddie Montague, Jr., Jerome M. Marcus, (Argued), Jonathan Auerbach, Berger & Montague, P.C., Philadelphia, PA, for Appellant.

Edward F. Mannino, (Argued), David L. Comerford, James L. Griffith, Akin, Gump, Strauss, Hauer & Feld, L.L.P, Philadelphia, PA, for Appellee.

Before ROTH, GREENBERG, Circuit Judges and WARD, District Judge.

OPINION OF THE COURT

ROTH, Circuit Judge.

Health Maintenance Organizations (HMOs) routinely utilize financial incentives to encourage physicians to ration care in a cost-effective manner. This case presents the question whether, when the existence of such a plan has been disclosed, the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001, et seq., requires HMOs automatically to disclose further information on these incentives to...

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