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HOSPITAL & HEALTHSYSTEM ASS'N OF PA. v. COM.

No. 522 M.D. 2009, No. 523 M.D. 2009

997 A.2d 392 (2010)

The HOSPITAL & HEALTHSYSTEM ASSOCIATION OF PENNSYLVANIA, Geisinger Health System, St. Vincent Health Center and Abington Memorial Hospital, Petitioners v. The COMMONWEALTH of Pennsylvania, the Department of Insurance, The Treasury Department, and the Office of the Budget of the Commonwealth of Pennsylvania, Respondents. The Pennsylvania Medical Society, on behalf of itself and all of its Members, Petitioners v. The Commonwealth of Pennsylvania; The Department of Insurance, The Treasury Department, and The Office of the Budget of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 15, 2010.

Attorney(s) appearing for the Case

Kevin J. McKeon, Harrisburg and David E. Loder, Philadelphia, for petitioners.

Daniel Segal and Dylan J. Steinberg, Philadelphia, for respondents.

BEFORE: PELLEGRINI, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge BUTLER.

The Hospital & Healthsystem Association of Pennsylvania, Geisinger Health System, St. Vincent Health Center, Abington Memorial Hospital, and the Pennsylvania Medical Society, on behalf of itself and all of its members (Petitioners) filed an application for summary relief. The Pennsylvania Osteopathic Medical Association (POMA) filed a brief as amicus curiae in support of Petitioners' application. For the reasons that follow, we grant Petitioners...

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