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NEW ENGLAND HEALTH CARE UNION v. MOUNT SINAI HOSP.

Nos. 1181, 1220, Dockets 94-7264, 94-7906.

65 F.3d 1024 (1995)

NEW ENGLAND HEALTH CARE EMPLOYEES UNION, DISTRICT 1199, SEIU AFL-CIO; Nina Milner, for herself and as class representative for beneficiaries and participants of the New England Health Care Employees Health Fund; and New England Health Care Employees Welfare Fund, Plaintiffs-Appellees, v. MOUNT SINAI HOSPITAL; Connecticut Hospital Association; and Gwen B. Weltman, Acting Commissioner of the Office of Health Care Access, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 11, 1995.

Attorney(s) appearing for the Case

William J. Doyle, Wiggin & Dana, New Haven, CT (Karen L. Clute, of counsel), for defendants-appellants Mount Sinai Hospital and the Connecticut Hospital Association.

Hugh Barber, Asst. Atty. Gen. of the State of Connecticut, Hartford, CT (Richard Blumenthal, Atty. Gen., Richard J. Lynch, Phyllis E. Hyman, Asst. Attys. Gen., of counsel), for defendant-appellant Gwen B. Weltman, Acting Commissioner of the Office of Health Care Access.

Susan Price-Livingston, Gould, Livingston, Adler & Pulda, Hartford, CT (Daniel E. Livingston, of counsel), for plaintiffs-appellees New England Health Care Employees Union, District 1199 and Nina Milner, for herself and as class representative.

John M. Creane, Milford, CT (Michael E. Passero, of counsel), for plaintiff-appellee New England Health Care Employees Welfare Fund.

Jeffrey J. Sherrin, Sherrin & Glasel, Albany, NY (Philip Rosenberg, of counsel) and Peter F. Nadel, Rosenman & Colin, New York City (David A. Florman, Barbara Quackenbos, of counsel), for amicus curiae Hospital Association of New York State.

Before: KEARSE, McLAUGHLIN, and PARKER, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Connecticut enacted a statute, the Uncompensated Care Pool Act ("Act I"), which required those with insurance to subsidize medical care for the poor. Conn.Pub.Acts 91-2 & 92-16, as codified by Conn.Gen.Stat. § 19a-168 et seq., and as amended by Conn. Pub.Acts 93-44 & 93-229. Under Act I, hospitals had to impose a surcharge on the bill of any patient with private health care insurance. The hospitals sent the surcharge...

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