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ALLEN v. COM., INS. DEPT.

903 A.2d 65 (2006)

Mark T. ALLEN, M.D., Petitioner v. COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT, Medical Care Availability and Reduction of Error Fund, Respondents.

Commonwealth Court of Pennsylvania.

Decided May 3, 2006.

Publication Ordered July 18, 2006.

Attorney(s) appearing for the Case

Peter W. Baker, Philadelphia, for petitioner.

Zella Smith Anderson, Department Counsel, Harrisburg, for respondent.

BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Mark T. Allen, M.D. (Dr. Allen) appeals from an order of the Insurance Commissioner (Commissioner) denying his request for an abatement of his Medical Care Availability and Reduction of Error Fund (MCARE fund) assessment for 2003 because he filed his request beyond the date set forth in Act 441 for inclusion in the Health Care Provider Retention Program (Retention Program).

In 2002, to replace the fund...

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