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MAINE ASS'N v. SUPERINTENDENT OF INS.

923 A.2d 918 (2007)

2007 ME 69

MAINE ASSOCIATION OF HEALTH PLANS et al. v. SUPERINTENDENT OF INSURANCE et al.

Supreme Judicial Court of Maine.

Decided: May 31, 2007.

Attorney(s) appearing for the Case

D. Michael Frink, Esq., George M. Linge, Esq., Curtis Thaxter Stevens & Micoleau, LLC, (for Maine Ass'n of Health Plans), William H. Stiles, Esq., Brett D. Witham, Esq., Verrill Dana, LLP, Portland, (for Maine State Chamber of Commerce), Bruce C. Gerrity, Esq. (orally), Roy T. Pierce, Esq., Preti Flaherty Beliveau & Pachios, LLP, Augusta, (for Maine Automobile Dealers Ass'n Ins. Trust & the Bankers Health Trust), for plaintiffs.

G. Steven Rowe, Attorney General, William H. Laubenstein III, Asst. Atty. Gen. (orally), Augusta, (for Dirigo Health Agency), Rufus E. Brown, Esq. (orally), Brown & Burke, Portland, Joseph P. Ditre, Esq., Augusta, (for Consumers for Affordable Health Care Coalition), for defendants.

Dissent: ALEXANDER, J.

SAUFLEY, C.J.

[¶ 1] We are called upon in this appeal to review one of the funding sources of the Dirigo Health program. Several representatives of health insurers and other payors of health care costs in Maine challenge the decisions of the Dirigo Health Board of Directors and the Superintendent of Insurance that resulted in a calculation of the "aggregate measurable cost savings" to those payors. That calculation will determine the amount that the payors must...

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