BLUE CROSS PLANS v. MUHL


253 A.D.2d 158 (1999)

684 N.Y.S.2d 312

In the Matter of New York State Conference of Blue Cross and Blue Shield Plans et al., Respondents, v. Edward J. Muhl, as Superintendent of Insurance of The State of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 21, 1999


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney-General, Albany (Victor Paladino of counsel), for Edward J. Muhl and another, appellants.

Werner & Kennedy, New York City (T. Richard Kennedy of counsel), for Medical Malpractice Insurance Association, appellant.

Iseman, Cunningham, Riester & Hyde, L. L. P., Albany (Michael J. Cunningham of counsel), for HANYS member Hospitals Self-Insurance Trust, appellant.

Hinman, Straub, Pigors & Manning, P. C., Albany (Kimberly C. Lawrence of counsel), for New York State Conference of Blue Cross and Blue Shield Plans and others, respondents.

Couch, White, Brenner, Howard & Feigenbaum, Albany (Harold N. Iselin of counsel), for New York State Health Maintenance Organization Conference, Inc., respondent.

LeBoeuf, Lamb, Greene & MacRae, Albany (Robert J. Alessi of counsel), for Medical Liability Mutual Insurance Company, amicus curiae.

Michael A. Haskel, New York City, for Academic Health Professionals Insurance Association, amicus curiae.

Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick of counsel), for Physicians Reciprocal Insurers and another, amici curiae.

CARDONA, P. J., MERCURE, SPAIN and CARPINELLO, JJ., concur.


GRAFFEO, J.

In response to the rising costs of medical malpractice premiums which threatened the availability of health care in New York, the Legislature and the Governor adopted a comprehensive legislative package in 1985 and 1986. These enactments included medical and dental malpractice litigation reforms, hospital malpractice prevention programs, provisions that streamlined physician discipline processes...

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