MEDICAL SOC. v. DEPT. OF PUBLIC WELFARE

Nos. 584 M.D. 2008, 585 M.D. 2008

994 A.2d 33 (2010)

The PENNSYLVANIA MEDICAL SOCIETY, on behalf of itself and all of its Members, and Peter M. Daloni, MD, Karen A. Rizzo, MD and Martin D. Trichtinger, MD, Petitioners v. The DEPARTMENT OF PUBLIC WELFARE of the Commonwealth of Pennsylvania and Office of the Budget of the Commonwealth of Pennsylvania, Respondents. The Hospital & Healthsystem Association of Pennsylvania, Geisinger Health System, St. Vincent Health Center and Abington Memorial Hospital, Petitioners v. The Department of Public Welfare of the Commonwealth of Pennsylvania, Office of the Budget of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 15, 2010.


Attorney(s) appearing for the Case

Kevin J. McKeon, Harrisburg, and David E. Loder, Philadelphia, for petitioners.

Daniel Segal and Dylan J. Steinberg, Philadelphia, for respondents.

BEFORE: PELLEGRINI, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, McCULLOUGH, Judge, and BUTLER, Judge.


OPINION BY Judge BUTLER.

The Pennsylvania Medical Society, on behalf of itself and all of its members; and Peter M. Daloni, M.D., Karen A. Rizzo, M.D. and Martin D. Trichtinger, M.D.; and the Hospital & Healthsystem Association of Pennsylvania, Geisinger Health System, St. Vincent Health Center and Abington Memorial Hospital (Petitioners) filed an application for summary relief based on the Court's July 24, 2009 en banc opinion disposing of preliminary objections...

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