PENNSYLVANIA MEDICAL SOC. v. MARCONIS

Civ. A. No. 90-193 Erie.

755 F.Supp. 1305 (1991)

PENNSYLVANIA MEDICAL SOCIETY, American Medical Association, Crawford County Medical Society, and Robert Moyers, M.D., Plaintiffs, v. William MARCONIS, M.D., Shirley F. Fox, R.N., James A. Kane, M.D., Guy L. Kratzner, M.D., Gary W. Lyons, M.D., Joshua A. Perper, M.D., Mark N. Richards, M.D., George N. Shelvin, Barbara K. Shore, Ph.D., Jason C. Shu, M.D., and Mary Ellen Weinberg, each individually and in their official capacities as members of the Pennsylvania State Board of Medicine, Defendants.

United States District Court, W.D. Pennsylvania.

January 30, 1991.


Attorney(s) appearing for the Case

Jack R. Bierig, Sidley & Austin, Chicago, Ill., Robert B. Hoffman, Reed Smith Shaw & McClay, Harrisburg, Pa., for plaintiffs.

Susan J. Forney, Sr. Atty. Gen., Harrisburg, Pa., John Gandrud, Erie, Pa., for defendants.

Gregory H. Knight, Harrisburg, Pa., amicus brief.


MEMORANDUM OPINION

MENCER, District Judge.

By banning the practice of "balance billing," Pennsylvania limits the amount physicians may charge medicare recipients. Currently before this court is a declaratory judgment action challenging the Pennsylvania law under the supremacy clause of the United States Constitution. U.S. Const. Art. VI, cl. 2. Plaintiffs are three professional medical associations, Pennsylvania Medical Association (PMS), American Medical...

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