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IN RE HOSPITAL PRICING LITIGATION

No. 26457.

377 S.C. 48 (2008)

659 S.E.2d 131

In re HOSPITAL PRICING LITIGATION. Teresa Lynn KING, Respondent, v. ANMED HEALTH, Appellant. David Blair and all others similarly situated, Respondents, v. Medical University Hospital Authority, Appellant. Kathy and Franklin Kinard and all others similarly situated, Respondents, v. Medical University Hospital Authority, Appellant. David Blair and all others similarly situated, Respondents, v. CareAlliance Health Services, Inc., d/b/a Roper Hospital, Inc., and Bon Secours St. Francis Xavier Hospital, Inc., Appellant. Deborah Wilson and all others similarly situated, Respondents, v. CareAlliance Health Services, Inc., d/b/a Roper Hospital, Inc., and Bon Secours St. Francis Xavier Hospital, Inc., Appellant. Greenville Hospital System, Appellant, v. Kellie Jean Paulson and Michael A. Paulson, Respondents. William S. Robertson, as Personal Representative for the Estate of Mildred Driggers Robertson, Deceased, and all others similarly situated, Respondents, v. Greenville Hospital System, Appellant. Joshua L. Boyd, Respondent, v. Self Regional Healthcare, Appellant. Alexis Sams and all others similarly situated, Respondents, v. Palmetto Health Alliance d/b/a Palmetto Richland & Palmetto Baptist, Appellants. Frances Bonetto, Respondent, v. Palmetto Health Alliance d/b/a Palmetto Richland & Palmetto Baptist, Appellants. Kathy Green and all those similarly situated, Respondents, v. Sisters of Charity Providence Hospitals, Appellant.

Supreme Court of South Carolina.

Decided March 10, 2008.

Rehearing Denied April 16, 2008.

Attorney(s) appearing for the Case

Manton M. Grier and R. David Proffitt, both of Haynsworth Sinkler Boyd, of Columbia, and Ellis M. Johnson, II, H. Sam Mabry, III and Courtney C. Atkinson, all of Haynsworth Sinkler Boyd, of Greenville, for Appellant Palmetto Health Alliance d/b/a Palmetto Richland & Palmetto Baptist.

Marguerite S. Willis, Nikole Setzler Mergo, and Daniel C. Leonardi, all of Nexsen Pruet, of Columbia, for Appellant Sisters of Charity Providence Hospitals.

Thomas S. White and Lydia Blessing Applegate, both of Haynsworth Sinkler Boyd, of Charleston, for Appellant Care-Alliance Health Services Corporation d/b/a Roper St. Francis Healthcare, Roper Hospital, Bon Secours St. Francis Hospital.

Robert L. Widener, Celeste T. Jones, Jane W. Trinkley, and Kelly M. Jolley, all of McNair Law Firm, of Columbia, for Appellant Medical University Hospital Authority.

Wm. Douglas Gray, of McNair Law Firm, of Anderson, for Appellant AnMed Health.

H. Sam Mabry, III and Charles M. Sprinkle III, both of Haynsworth Sinkler Boyd, of Greenville, for Appellant The Greenville Hospital System.

Stephen D. Baggett and Steven M. Pruitt, both of McDonald Patrick Baggett Poston & Hemphill, of Greenwood, for Appellant Self Regional Healthcare.

A. Camden Lewis, Ariail E. King, and Peter D. Protopapas, all of Lewis & Babcock, of Columbia, Richard A. Harpootlian, of Columbia, Gedney M. Howe III, of Charleston, and Robert D. Dodson, of Columbia, and Michael E. Spears, of Spartanburg, for Respondents.

Acting Chief Justice MOORE.

In this case, Appellants appeal the circuit court's order granting partial summary judgment in favor of Respondents regarding the meaning of a statute that requires hospitals to offer certain discounts to an insurer who provides a specific type of health insurance contract. The circuit court held that Appellants violated the statute. We disagree and reverse.

FACTUAL/PROCEDURAL BACKGROUND...

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