COM., DEPT. OF PUBLIC WELFARE v. EISEMAN

Nos. 1935 C.D. 2012, 1949 C.D. 2012, 1950 C.D. 2012

85 A.3d 1117 (2014)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Petitioner v. James EISEMAN, Jr. and the Public Interest Law Center of Philadelphia, Respondents. Aetna Better Health, Inc., Health Partners of Philadelphia, Inc., and Keystone Mercy Health Plan, Petitioners v. James Eiseman, Jr., and the Public Interest Law Center of Philadelphia, Respondents. UnitedHealthcare of Pennsylvania, Inc. D/B/A UnitedHealthcare Community Plan and HealthAmerica Pennsylvania Inc. D/B/A CoventryCares, Petitioners v. James Eiseman, Jr. and the Public Interest Law Center of Philadelphia, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 19, 2014.


Attorney(s) appearing for the Case

Christopher H. Casey and Erin C. Galbally , Philadelphia, for petitioners Health Partners of Philadelphia, Inc., Keystone Mercy Health Plan and Aetna Better Health Inc.

Leonard W. Crumb , Senior Assistant Counsel, Harrisburg, for petitioner Department of Public Welfare.

Karl S. Myers , Philadelphia, for petitioners HealthAmerica Pennsylvania, Inc., UnitedHealthcare of Pennsylvania, Inc., UnitedHealthcare Community Plan and ConventryCares.

James Eiseman, Jr. and Benjamin D. Geffen , Philadelphia, for respondents James Eiseman, Jr. and The Public Interest Law Center of Philadelphia.

BEFORE: DAN PELLEGRINI, President Judge, and BERNARD L. McGINLEY, Judge, and ROBERT SIMPSON, Judge, and MARY HANNAH LEAVITT, Judge, and P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge and ANNE E. COVEY, Judge.


OPINION BY Judge SIMPSON.

This fact-intensive Right-to-Know Law (RTKL)1 petition for review from a final determination of the Office of Open Records (OOR) implicates rate-setting in the managed care industry.2 OOR ordered disclosure of rates set by contracts related to the Department of Public Welfare's (DPW) administration of the Medicaid program. DPW asserted the rates were exempt under the Pennsylvania Uniform...

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