Constitutional claims debated in hospital rate dispute lawsuit [Independent Record, Helena, Mont.]
| By Sanjay Talwani, Independent Record, Helena, Mont. | |
| McClatchy-Tribune Information Services |
"What's before the court is a case of social engineering,"
The lawsuit, filed by
Cox argued that the being uninsured is not a "social condition" as envisioned by the Constitution, and that Gazelka suffered no discrimination by St. Peter's. She received, and paid for, medical care, he noted.
Cox also said that banning the preferred-provider agreements was akin to protesting the discounts provided by supermarkets to customers who participate in various promotions, or the discount restaurants offer to senior citizens.
"The plaintiff's claim that a discount violates a constitutional provision for equal protection is, I think, remarkably broad and certainly, I think, unprecedented," Cox said.
Morrison said that all kinds of people -- residents versus nonresidents, people of different ages, even limited liability corporations versus regular corporations -- had been considered having "social conditions" subject to constitutional protections.
"There is a difference between somebody who is going to the hospital after a car accident to seek medical care and somebody who's going to
Morrison is seeking class-action status for the case, and ultimately a refund to uninsured patients who paid more than insurers' discounted rates.
The hearing addressed a motion by St. Peter's to dismiss the constitutional claim. It did not address a second charge of unlawful restraint of trade.
Reynolds did not immediately rule on the motion.
___
(c)2012 the Independent Record (Helena, Mont.)
Visit the Independent Record (Helena, Mont.) at www.helenair.com
Distributed by MCT Information Services
| Wordcount: | 417 |


Advisor News
- Retaining clients by giving them a memorable experience
- Addressing the longevity paradox
- Employers shift focus from retirement access to financial outcomes
- Helping widowed clients navigate their new financial reality
- Navigating client communication in a digital age
More Advisor NewsAnnuity News
- Farm Bureau P&C insurers post first underwriting gain since 2021
- Legacy Marketing, Malibu Life launch two fixed indexed annuities
- Changing client priorities are reshaping annuity conversations
- Solen Software acquires annuity software provider Cooperative Technologies
- MassMutual Expands Lending Options With New Secured Credit Line
More Annuity NewsHealth/Employee Benefits News
- MOAA's TRICARE Guide: Transitioning Into Military Retirement
- High health costs squeeze workers, even if you have good insurance through a job
- OHCA builds on national-leading Medicaid accuracy with new tools to prevent fraud and increase transparency
- Social Security announces 3.6% benefit increase for 2027
- Connecticut residents can now enroll in 2027 health insurance. Here's what to know.
More Health/Employee Benefits NewsLife Insurance News