INSURANCE COMM'R v. BLUE SHIELD

[No. 46, September Term, 1982.]

295 Md. 496 (1983)

456 A.2d 914

INSURANCE COMMISSIONER OF THE STATE OF MARYLAND v. BLUE SHIELD OF MARYLAND, INC. ET AL. DONALD H. DEMBO v. INSURANCE COMMISSIONER OF THE STATE OF MARYLAND

Court of Appeals of Maryland.

Decided March 4, 1983.


Attorney(s) appearing for the Case

James L. Shea, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Michael L. Cohen and Thomas P. Barbera, Assistant Attorneys General, on the brief, for appellant Insurance Commissioner of the State of Maryland and by Angus R. Everton, with whom were Anderson, Coe & King on the brief, for cross-appellant Donald H. Dembo.

Amicus curiae brief of The Medical and Chirurgical Faculty of Maryland filed. Angus R. Everton and Anderson, Coe & King on the brief.

William M. Hesson, Jr., with whom were G. Scott Barhight and Nolan, Plumhoff & Williams, Chartered on the brief, for appellee Blue Shield of Maryland, Inc. and by Charles J. Steele, with whom were Anne G. Collins, Jacqueline M. Saue, Thomas F. Fitzgerald and Whiteford, Hart, Carmody & Wilson on the brief, for appellee Medical Service of the District of Columbia and by Michael L. Cohen, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, James L. Shea and Thomas P. Barbera, Assistant Attorneys General, on the brief, for cross-appellee Insurance Commissioner of the State of Maryland.

The cause was argued before SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and JAMES C. MORTON, JR., Associate Judge of the Court of Special Appeals, specially assigned.


RODOWSKY, J., delivered the opinion of the Court.

On December 31, 1981 the Insurance Commissioner of Maryland (Commissioner) adopted an order relating to reimbursements made by nonprofit health service plans for services by health care providers, other than hospitals, that is, by physicians, chiropodists, chiropractors, pharmacists, dentists, duly certified psychologists and optometrists. Two such plans, Blue Shield of Maryland, Inc. (Blue Shield) and Medical Service...

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