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PRIORITY HEALTH v. COMMISSIONER OF OFIS.

Docket No. 139189.

803 N.W.2d 132 (2011)

489 Mich. 67

PRIORITY HEALTH, Petitioner-Appellant, v. COMMISSIONER OF the OFFICE OF FINANCIAL AND INSURANCE SERVICES, Respondent-Appellee.

Supreme Court of Michigan.

May 17, 2011.

Attorney(s) appearing for the Case

Warner Norcross & Judd LLP (by Matthew T. Nelson , and Julie Lam ), Grand Rapids, for Priority Health.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, and David W. Silver and Christopher L. Kerr , Assistant Attorneys General, for the Commissioner of the Office of Financial and Insurance Services.

Honigman Miller Schwartz and Cohn LLP, (by Timothy Sawyer Knowlton ), Lansing, for amicus curiae the Michigan Association of Health Plans.

Opinion

MARILYN J. KELLY, J.

This appeal involves the small employer group health coverage act,1 which establishes requirements for insurance carriers that offer health insurance benefit plans to small employers in Michigan. We address the narrow issue of whether § 3711(2) of the act, MCL 500.3711(2), prevents a carrier from requiring a small employer to pay a minimum percentage of its employees' health insurance premiums...

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