Commonwealth Court Rejects Motion to Dismiss Mcare Lawsuit
The Pennsylvania Commonwealth Court unanimously rejected a motion to dismiss a lawsuit filed by physician and hospital associations to protect Mcare funds.
In December 2008, the Pennsylvania Medical Society and The Hospital & Healthsystem Association of Pennsylvania (HAP) filed the suit to preserve funds in the Health Care Provider Retention Account (HCPRA) for Mcare.
The Medical Society and HAP believe that, from 2003 to 2007, the state violated the law by not transferring money from the HCPRA to the Mcare Fund to pay for Mcare abatement.
In a preliminary objection to the suit, the state contended that it could transfer money from HCPRA to Mcare at its discretion.
The amount in dispute is a critical component of the funds needed to phase-out the Mcare Fund.
Because of the myriad of political issues that arise as a result of this ruling, especially during the state's budget impasse, the Society's leadership is consulting with counsel, stakeholders, and key legislators before deciding on the next step.
For more information, read
our FAQ on the Mcare lawsuit.
Last Updated: 8/5/2009