HOSPITAL & HEALTHSYSTEM ASS'N v. COM.

Nos. 20 MAP 2010, 21 MAP 2010.

77 A.3d 587 (2013)

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

Supreme Court of Pennsylvania.

Decided September 26, 2013.


Attorney(s) appearing for the Case

Jonathan F. Bloom, Esq. , Philadelphia, Thomas Walter Dymek, Esq. , Harrisburg, Karl Stewart Myers, Esq. , Philadelphia, Stradley, Ronon, Stevens & Young, L.L.P., for The Senate of the Commonwealth of PA, Amicus Curiae.

Christopher B. Craig, Esq. , Harrisburg, Karen Spencer Kelly, Esq. , Philadelphia, PA Department of Treasury, for Treasury Department, Participants.

Kevin James McKeon, Esq. , Scott Thomas Wyland, Esq. , Hawke McKeon & Sniscak, L.L.P., Harrisburg, for PA Medical Society, Peter Daloni, M.D., Martin Trichtinger, M.D., Participants.

Amy Griffith Daubert, Esq. , Harrisburg, PA Department of Insurance, for Department of Insurance.

Gregory Eugene Dunlap, Esq. , PA Office of General Counsel, for Commonwealth of PA, Dept. of Insurance, Office of the Budget of the Commonwealth.

Barbara J. Holland, Esq. , Robert L. Pratter , PA Governor's Office of General Counsel, Kathleen Granahan Kane, Esq. , PA Office of Attorney General, for Commonwealth of Pennsylvania.

James Daniel Neilson, Esq. , PA Governor's Office of General Counsel, for Office of the Budget of the Commonwealth of Pennsylvania.

Tara Lynn Smith, Esq. , PA House of Representatives, Nora Winkelman, Esq. , for Rep. Todd A. Eachus, Majority Leader of the PA House of Rep., Appellant Amicus Curiae.

Philip H. Lebowitz, Esq. , David Edwin Loder, Esq. , Philadelphia, Nina L. Russakoff, Esq. , Duane Morris, L.L.P., for Hospital & Healthsystem Assoc of PA, Geisinger Healthsystem, St. Vincent Health Ctr., Abington Memor.

Robert B. Hoffman, Esq. , Eckert Seamans Cherin & Mellott, LLC, Harrisburg, for American Medical Association, Appellee Amicus Curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice SAYLOR.1

In this direct appeal, we determine the constitutionality of legislation mandating a one-time transfer of money from the Medical Care Availability and Reduction of Error Fund to Pennsylvania's General Fund.

I. Background

In 2002, the General Assembly enacted the Medical Care Availability and Reduction of Error Act (the "MCARE Act...

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