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COMMONWEALTH BY SHAPIRO v. UPMC

No. 5 MAP 2018.

188 A.3d 1122 (2018)

COMMONWEALTH of Pennsylvania, BY Josh SHAPIRO, Attorney General; Pennsylvania Department of Insurance, by Jessica K. Altman, Insurance Commissioner and Pennsylvania Department of Health, by Rachel Levine, Acting Secretary of Health v. UPMC, A Nonprofit Corp.; UPE, a/k/a Highmark Health, A Nonprofit Corp. and Highmark, Inc., A Nonprofit Corp. Appeal of: UPMC, A Nonprofit Corp.

Supreme Court of Pennsylvania.

Decided: July 18, 2018.

Attorney(s) appearing for the Case

W. Thomas McGough, Jr. , UPMC, Anderson Thornton Bailey , Leon F. DeJulius, Jr. , S. Rebekah Byers Kcehowski , Paul Michael Pohl , Jones Day, Pittsburgh, PA, Stephen A. Cozen , Stephen Aaron Miller , Cozen O'Connor, Philadelphia, PA, for UPMC, Appellant.

Amy Griffith Daubert , Kathryn McDermott Speaks , Pennsylvania Department of Insurance, Mary Abbegael Giunta , Kenneth Lawson Joel , Office of General Counsel, Harrisburg, PA, for Department of Insurance, Jessica Altman, acting Insurance Commissioner and Department of Health, Dr. Rachel Levine, acting Secretary of Health, Appellee.

Joshua D. Shapiro , John Bartley Delone , James A. Donahue, III , Neil Mara , Mark A. Pacella , Tracy Wright Wertz , Pennsylvania Office of Attorney General, Harrisburg, PA, for Commonwealth of Pennsylvania, Josh Shapiro , Attorney General, Appellee.

Thomas L. Van Kirk , Highmark Health, Daniel I. Booker , Conor Michael Shaffer , Kim M. Watterson , Jeffrey Michael Weimer , Reed Smith LLP, Pittsburgh, PA, for Highmark Health, Highmark, Inc., UPE, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

This case is a continuation of a longstanding dispute between a leading healthcare insurer and a major health services provider operating in Western Pennsylvania.

By way of background, UPE, a/k/a Highmark Health and Highmark, Inc. (collectively, "Highmark"), and UPMC separately...

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