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Care New England vs Koller hearing scheduled

December 7, 2010

Today was the day that Care New England (the chain of hospitals including Women and Infants, Kent, and Butler) was due to discuss its lawsuit against Chris Koller (the State Health Insurance Commissioner) before Superior Court Judge Michael Silverstein.

CNE is suing Koller for being a “rogue regulator” and creating a set of restrictions on contract negotiations between hospitals and health insurance companies.  CNE says the regulations are impeding its ability to negotiate  a fair contract with United Health Care.  (For more back ground, see my earlier post.)

But today the two sides agreed to what CNE calls an “interim agreement” allowing them to cancel a hearing on its request for a temporary restraining order on Koller’s restrictions.

A more extensive hearing “that will more fully address the merits ”  of  CNE’s  “claims and… requests for injunctive and declaratory relief”  is scheduled for December 15th at 2pm in superior court.

The complaint filed by CNE was accidentally sealed at Superior Court due to a clerical error.  Portions of the complaint were supposed to be omitted because of proprietary information about the hospital and its finances, but instead the entire document was locked away.  I should be able to get a copy tomorrow.

I’ve reached out to Chris Koller for some comments on the lawsuit, but I haven’t heard back from him.  I’ll post his response when he returns my call.

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