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MERIT BEHAVIORAL CARE v. INDEPENDENT PANEL

No. 02-271.

845 A.2d 359 (2004)

2004 VT 12

MERIT BEHAVIORAL CARE CORPORATION and Magellan HRSC, INC. v. STATE of Vermont INDEPENDENT PANEL OF MENTAL HEALTH PROVIDERS, Austen Riggs Center and Jane Doe.

Supreme Court of Vermont.

February 6, 2004.

Attorney(s) appearing for the Case

Craig Weatherly of Gravel and Shea, Burlington, for Plaintiff-Appellant.

William H. Sorrell, Attorney General, and Bridget C. Asay, Assistant Attorney General, Montpelier, for Defendant-Appellee State of Vermont Independent Panel of Mental Health Providers.

Robert D. Rachlin and David W. Gartenstein of Downs Rachlin Martin, PLLC, Burlington, for Defendant-Appellee Austen Riggs Center, Inc.

Robert E. Manchester of Manchester Law Offices, P.C., Burlington, for Defendant-Appellee Jane Doe.

Present: AMESTOY, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

DOOLEY, J.

¶ 1. Merit Behavioral Care Corporation, a review agent that contracted with the State during the relevant time period to provide mental health care benefits to state employees, appeals the superior court's summary judgment order dismissing its complaint seeking to overturn an independent panel's decision that Merit should have provided coverage for state employee Jane Doe's mental health treatment at the Austen Riggs Center. Merit contends that the...

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