ROSS v. BLUE CARE NETWORK OF MICHIGAN

Docket No. 131711.

747 N.W.2d 828 (2008)

480 Mich. 153

Desiree E. ROSS, Personal Representative of the Estate of Douglas G. Ross, Petitioner-Appellee v. BLUE CARE NETWORK OF MICHIGAN, Respondent-Appellant.

Supreme Court of Michigan.

April 23, 2008.


Attorney(s) appearing for the Case

Wachler & Associates, P.C. (by Andrew B. Wachler and Adrienne Dresevic), Royal Oak, for Desiree E. Ross.

Dickinson Wright, PLLC (by Joseph A. Fink, Phillip J. DeRosier, and Trent B. Collier), Detroit and Colleen C. Cohan, Detroit, for Blue Care Network of Michigan.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and William A. Chenoweth, Assistant Attorney General, for the Commissioner of the Office of Financial and Insurance Services, amicus curiae.


OPINION

TAYLOR, C.J.

At issue in this action brought pursuant to the Patient's Right to Independent Review Act (PRIRA), MCL 550.1901 et seq., is whether the Commissioner of the Office of Financial and Insurance Services (OFIS)1 is bound by the recommendations of an independent review organization (IRO) on issues of medical necessity and clinical review. We conclude that...

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