Wednesday, April 14, 1999
Ohio Supreme Court to hear doctors' case against Anthem
BY BEN L. KAUFMAN
The Cincinnati Enquirer
Twice rebuffed by Hamilton County judges, six physicians will get another chance to complain about being dropped by Anthem Blue Cross and Blue Shield.
The Ohio Supreme Court has agreed to hear their appeal.
“We're pleased and looking forward to making our case,” lead attorney Stanley M. Chesley said Tuesday.
The physicians say Anthem wrongfully dumped them from its networks, even though the physicians agreed to see patients at insurance company rates.
Mr. Chesley's associate, Janet G. Abaray, said the Supreme Court question is whether the physicians have a complaint for which Ohio law can grant relief.
Anthem — one of the area's leading health insurers — and the lower courts say they don't.
But Ms. Abaray said there is a public policy exception to at-will dismissal in their provider contracts with Anthem.
She likened it to the public policy exception for at-will dismissals of employees in Ohio.
“Basically, Anthem has eliminated some of the best physicians in town without cause,” Ms. Abaray said. “As a result, they have disrupted the physician-patient relationship.”
Common Pleas Judge Thomas Crush dismissed the suit after Anthem lawyers said there was no public policy exception and the contract had to be enforced as written.
The 1st District Ohio Court of Appeals affirmed Judge Crush's decision.
“Despite their altruistic noises,” Anthem lead attorney Earle Jay Maiman responded Tuesday, “there is no great public interest or policy involved here. ... Docs — like anybody else — are bound by their contracts.”
That was his central argument in the memo in opposition to a Supreme Court rehearing, Mr. Maiman said. “I guess they want to hear more,” he said.
Anthem had responded to the 1997 complaint by saying the physicians remained members of some, but not all, Anthem plans.
“Anthem's physician and group contracts allow for termination without cause by any party with proper notice,” the company said then. “As Anthem builds and manages its physician networks, it must have the ability to make changes that are in the long-term best interests of its members and customers.”
The physicians in the case are G. James Sammarco and the Center for Orthopedic Care; and Frank R. Noyes; Mark G. Siegel; Thomas N. Lindenfeld; John J. Larkin; and Michelle Andrews and Cincinnati Sportsmedicine & Orthopedic Center.
Let's spotlight spending by local officials
Sentinels leader says young cops aggressive
Teen pleads guilty in man's stabbing death
Court OKs way judges elected
State approves charter schools
Boost for minority contractors
Bus use continues to grow
Guard fired in wake of sex inquiry
Mayors to get report on storm warning
Channel 48 puts 'Auction' into action
Pumpkins' drummer smashing
It hurts to throw like a girl
Sports injuries increase in kids
Airport's expansion upsetting neighbors
Bondsmen's arrest attempt broke law
Colleges help learning disabled
Covington fills No. 2 police job
Fairfield hires nine full-time firefighters
Fewer Lakota students to move
Former deputy sentenced in theft case
Former UC player returns to face assault charges
Franklin's master plan topic tonight
Journalist: Milosevic will survive
Kenton to list choices for jail
Kentucky special session doubted
Little hearts big on caring
Lucas offers bill against porn online
Mason adds three full-time officers
Merchants want old home saved
NKU president defends budget
Ohio Supreme Court to hear doctors' case against Anthem
Phone-bill surcharge step closer
Sentence delayed in manslaughter
Slain man's mother tries to cope with losing him
State grant boosts hopes for new jail
Students to build family a home
TRISTATE DIGEST
