PENNSYLVANIA MEDICAL SOC. v. FOSTER


147 Pa.Commw. 528 (1992)

608 A.2d 633

PENNSYLVANIA MEDICAL SOCIETY, Petitioner, v. Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania; the Insurance Department; and Ernest D. Preate, Jr., Attorney General of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 29, 1992.

Reconsideration Denied May 29, 1992.


Attorney(s) appearing for the Case

Robert B. Hoffman, for petitioner.

Gregory P. Miller, for respondents.

Before CRAIG, President Judge, DOYLE, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.


PALLADINO, Judge.

In our original jurisdiction under Pa.R.C.P. No. 1035, Petitioner Pennsylvania Medical Society (Society) has filed a motion for summary judgment based on its interpretations of the newly enacted physician billing and reimbursement provisions of the Motor Vehicle Financial Responsibility Law (Law), 75 Pa.C.S. §§ 1701-1799.7. For the following reasons, we deny summary judgment.

I. PROCEDURAL HISTORY

On March 27, 1990, the...

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