WASHINGTON PHYSICIANS SERVICE ASS'N v. GREGOIRE

No. 97-35536.

147 F.3d 1039 (1998)

WASHINGTON PHYSICIANS SERVICE ASSOCIATION; Medical Service Corporation of Eastern Washington, a health care service contractor; Good Health Plan of Washington, a health maintenance organization; Pacificare of Washington, a health care service contractor; Selectcare Health Plans, a health maintenance; Qualmed Washington Health Plan, Inc., a health maintenance; Kaiser Foundation Health Plan of the Northwest, a health maintenance organization; Blue Cross and Blue Shield of Oregon, a health care service contractor; Group Health Cooperative of Puget Sound, a health maintenance organization; Blue Cross of Washington and Alaska, a health care service; Pierce County Medical Bureau, Inc., a health care service; King County Medical Blue Shield, a health care service, Plaintiffs-Appellees, v. Christine O. GREGOIRE, in her official capacity as Attorney General for the State of Washington; Deborah Senn, in her official capacity as Insurance Commissioner of the State of Washington, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1998.

As Amended on Denial of Rehearing and Suggestion for Rehearing August 24, 1998.


Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General of Washington, H. Lee Roussel, Assistant Attorney General, Olympia, WA, for defendants-appellants.

Richard J. Birmingham, Birmingham Thorson & Barnett, P.C., Seattle, WA, for plaintiffs-appellees.

Paul C. Adair, United States Department of Labor, Office of the Solicitor, Washington, DC, for amicus curiae United States Secretary of Labor.

Arthur N. Lerner, Michaels Wishner & Bonner, P.C., Washington, DC, for amicus curiae American Association of Health Plans, Inc.

Jonathan P. Meier, Sirianni & Youtz, Seattle, WA, for amici curiae Washington Association of Naturopathic Physicians and Washington State Chiropractic Association.

Gregory B. Stites, Kansas City, MO, for amicus curiae National Association of Insurance Commissioners.

Before: THOMPSON and TASHIMA, Circuit Judges, and STAGG, District Judge.


As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc August 24, 1998.

TASHIMA, Circuit Judge.

More than a decade ago, the Supreme Court acknowledged the growing trend among the states to require health insurers to offer certain benefits as part of every health insurance policy they sell. See Metropolitan Life Ins. Co. v. Massachusetts, 471 U.S. 724, 728-29, 105 S.Ct. 2380, 85 L.Ed.2d 728 (1985). In ...

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