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HUFF v. ST. JOSEPH'S MERCY HOSP. OF DUBUQUE CORP.

No. 59743.

261 N.W.2d 695 (1978)

William H. HUFF, III, Commissioner of Insurance of the State of Iowa, and the Department of Insurance of the State of Iowa, Appellant, v. ST. JOSEPH'S MERCY HOSPITAL OF DUBUQUE CORPORATION, St. Joseph's Mercy Hospital of Sioux City, Iowa, Mary Margaret Westrich, R.S.M. as Administrator of St. Joseph's Mercy Hospital of Sioux City, Iowa, and as Secretary of the Board of Trustees of St. Joseph's Mercy Hospital of Dubuque Corporation, Appellee.

Supreme Court of Iowa.

January 18, 1978.

Attorney(s) appearing for the Case

Curtis A. Yocum, Jr., Asst. Atty. Gen. for Ins. Dept. of Iowa, appellant.

Robert A. Wichser, of Myers, Hirschbach & Wichser, and James W. Redmond, of Gleysteen, Harper, Kunze, Eidsmoe & Heidman, Sioux City, for appellee.

Heard by MOORE, C. J., and MASON, REES, REYNOLDSON and HARRIS, JJ.

MOORE, Chief Justice.

Plaintiff insurance commissioner appeals trial court order refusing to enjoin defendants' proposed prepaid plan for childbirth care and holding the plan was neither a "health maintenance organization" (HMO) plan nor a "contract of insurance." The Commissioner had contended defendants could not legally offer their proposed plan because they were neither licensed as an "HMO" nor certified as an "insurer." We affirm the trial court.

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