ORTHOPEDIC INST. v. SANFORD HEALTH PLAN

#30207.

3 N.W.3d 407 (2024)

2024 S.D. 9

ORTHOPEDIC INSTITUTE, P.C.; Sioux Falls Specialty Hospital, LLP; Sioux Falls Specialty Hospital, LLP d/b/a Sioux Falls Urgent Care; Sioux Falls Specialty Hospital, LLP d/b/a Workforce Occupational Health and Medical Services; Sioux Falls Specialty Hospital, LLP d/b/a Midwest Pain Specialists; Sioux Falls Specialty Hospital, LLP d/b/a Midwest Imaging; Ophthalmology Ltd., Inc.; and Ophthalmology Ltd., Eye Surgery Center, LLC, Plaintiffs and Appellees, v. SANFORD HEALTH PLAN, INC., Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED February 7, 2024.


Attorney(s) appearing for the Case

MARK W. HAIGH , DELIA M. DRULEY of Evans, Haigh & Arndt, LLP, Sioux Falls, South Dakota, MARTIN S. CHESTER , KATE E. MIDDLETON , JOSIAH D. YOUNG of Faegre, Drinker, Biddle & Reath, LLP, Minneapolis, Minnesota, Attorneys for defendant and appellant.

ANDREW DAMGAARD , JORDAN J. FEIST of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.


[¶1.] Several physician groups and health care facilities (Providers) sought a declaratory judgment establishing their right to participate as panel providers in each of the health benefit plans offered by Sanford Health Plan, Inc. (SHP), pursuant to the "Any Willing Provider" law found in SDCL 58-17J-2. Providers and...

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