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HOSPITAL & HEALTHSYSTEM ASS'N v. INS. COM'R

No. 939 C.D. 2011

74 A.3d 1108 (2013)

HOSPITAL & HEALTHSYSTEM ASSOCIATION OF PENNSYLVANIA, Pennsylvania Medical Society and Pennsylvania Podiatric Medical Association, Petitioners v. INSURANCE COMMISSIONER, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 9, 2013.

Attorney(s) appearing for the Case

James W. Abraham , Hummelstown, for petitioner Pennsylvania Podiatric Medical Association.

Philip H. Lebowitz , Philadelphia, for petitioner Hospital & Healthsystem Association of Pennsylvania.

Kevin J. McKeon , Harrisburg, for petitioner Pennsylvania Medical Society.

Terrance A. Keating , Deputy Chief Counsel, Harrisburg, for respondent.

BEFORE: PELLEGRINI, President Judge, McGINLEY, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, LEAVITT, Judge, BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge LEAVITT.1

Petitioners2 are health care providers and trade associations that have petitioned for review of an adjudication of the Insurance Commissioner that denied their challenge to the assessments imposed upon them by the Medical Care Availability and Reduction of Error (MCARE) Fund for the years 2009, 2010 and 2011. These assessments provide the monies used by

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