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JENNINGS v. RAPID CITY REGIONAL HOSP., INC.

No. 25710.

802 N.W.2d 918 (2011)

2011 S.D. 50

Alfred JENNINGS, Dale Hayford, Roman Roberts, Rick Farley, Todd Carlson, Clay Rose, Leonard Feist, Kasey Coffield, Stanley Federkiewicz, William May, Dickie Kaiser, Dean Sorenson, Robert Koski, Mary Geersma, Charles Edwards, Donald Bertalot, Lynn Shuck, Susan Burnison, Kelvin Kiel, Charles Swanson, Charlotte Ward and Kenneth Mernaugh, Plaintiffs and Appellants, v. RAPID CITY REGIONAL HOSPITAL, INC., Regional Health Network, Inc., and Regional Health Physicians, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 24, 2011.

Attorney(s) appearing for the Case

Reed C. Richards , Richards and Richards, Spearfish, South Dakota and Steven M. Christensen , Deadwood, South Dakota, Attorneys for plaintiffs and appellants.

Daniel G. Duffy , Jeffrey G. Hurd of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for defendants and appellees.

MEIERHENRY, Retired Justice.

[¶ 1.] Plaintiffs (Employees) were all formerly employed by Pope & Talbot, a lumber business located in Spearfish, South Dakota. Pope & Talbot self-insured a health benefits plan for Employees, their spouses, and dependents. This plan was partially paid for by deductions from Employees' paychecks. In January 2000, Pope & Talbot entered into a contract (Payer Agreement) with First Choice of the Midwest (FCM), a managed...

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