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PROVENCAL v. COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY

SJC-10528

456 Mass. 506 (2010)

DANIEL PROVENCAL & another v. COMMONWEALTH HEALTH INSURANCE CONNECTOR AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Worcester.

April 13, 2010.

Attorney(s) appearing for the Case

Patti A. Prunhuber for the plaintiffs.

Carl Valvo for the defendants.

Lorianne Sainsbury-Wong, for Health Care For All, amicus curiae, submitted a brief.

Nancy J. Lorenz, Donna M. McCormick, Verna Sanchez, & Katherine Callaghan, for Chinese Progressive Association & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & GANTS, JJ.

SPINA, J.

On May 5, 2008, Daniel and Diane Provencal commenced this action in the Superior Court by filing a complaint for judicial review against the Commonwealth Health Insurance Connector Authority (authority), its executive director, and the chairperson of its board (collectively, the defendants) after the Provencals were deemed ineligible to participate in the Commonwealth Care Health Insurance Program (Commonwealth Care) because they had access to employer-subsidized...

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