TRAVELERS INS. CO. v. CUOMO

Nos. 92 Civ. 3999 (LJF), 92 Civ. 5419 (LJF).

813 F.Supp. 996 (1993)

The TRAVELERS INSURANCE COMPANY, Plaintiff, New York State Health Maintenance Organization Conference, Intervenor, v. Mario M. CUOMO, in his Official Capacity as Governor of the State of New York, et al., Defendants, New York State Conference of Blue Cross and Blue Shield Plans, Empire Blue Cross and Blue Shield, and Hospital Association of New York State, Intervenors. The HEALTH INSURANCE ASSOCIATION OF AMERICA, et al., Plaintiffs, New York State Health Maintenance Organization Conference, Intervenor, v. Mark CHASSIN, M.D., in his Official Capacity as Commissioner of Health of the State of New York, et al., Defendants, New York State Conference of Blue Cross and Blue Shield Plans, Empire Blue Cross and Blue Shield, and Hospital Association of New York State, Intervenors.

United States District Court, S.D. New York.

Order Granting Stay in Part February 9, 1993.


Attorney(s) appearing for the Case

Craig Murphy, Windels, Marx, Davies & Ives, New York City, for plaintiff, Travelers Ins. Co.

Clifford Stromberg, Hogan & Hartson, Washington, DC, for plaintiffs, Aetna Life Ins. and Mut. of Omaha.

Sidney S. Rosdeitcher and Catherine J. Ross, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiff, Health Ins. Assoc. of America.

Jane Lauer Barker, Office of the Atty. Gen., State of N.Y., New York City, for defendants.

Harold N. Iselin, Couch, White, Brenner, Howard & Feigenbaum, Albany, NY, for intervenors, NYS Health Maintenance Organization.

B.J. Costello, Hinman, Straub, Pigors & Manning, P.C., Albany, NY, for intervenor, NYS Conference of Blue Cross Blue Shield Plans.

Robert A. Bicks, Breed, Abbott & Morgan, New York City, for intervenor, Empire Blue Cross Blue Shield.

Philip Rosenberg, Sherrin & Glasel, Albany, NY, for intervenor, NYS Hosp. Assn.


OPINION AND ORDER

FREEH, District Judge.

These consolidated actions involve a challenge by plaintiffs The Travelers Insurance Company ("Travelers") and The Health Insurance Association of America ("HIAA"), among others, to a number of New York statutes imposing surcharges on the hospital rates for certain categories of payors (the "Surcharges"). Travelers also challenges a Department of Insurance letter interpreting some of those provisions (the "Actuarial...

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