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DRS. PASS & BERTHERMAN v. NEIGHBOR. HEALTH

No. 2009-349-Appeal.

31 A.3d 1263 (2011)

DRS. PASS AND BERTHERMAN, INC., Providence Eye Associates, Inc., on behalf of themselves and all others similarly situated v. NEIGHBORHOOD HEALTH PLAN OF RHODE ISLAND.

Supreme Court of Rhode Island.

November 30, 2011.

Attorney(s) appearing for the Case

Vincent F. Ragosta, Jr., Esq. , Providence, for Plaintiff.

Douglas J. Emanuel, Esq. , Providence, for Defendant.

Present: SUTTELL, C.J., FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Justice FLAHERTY, for the Court.

We are called upon to determine whether the defendant, Neighborhood Health Plan of Rhode Island (NHP), violated state law when it compensated optometrists at a lower rate than ophthalmologists for the same, or substantially the same, medical procedures. For the reasons set forth in this opinion, we hold that it did not and we affirm the judgment of the Superior Court.

I

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