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Judge to Consider MMS and GIC Arguments After Hearing
December 11, 2008
Lawyers for the state Group Insurance Commission (GIC) and two health
plans argued that Superior Court Judge Nancy Staffier Holtz should
dismiss charges filed against them by the Massachusetts Medical Society
and five practicing physicians.
The judge took the matter under advisement, and a ruling is expected
in early 2009.
The lawsuit contends that data to support the GIC physician ratings
are substandard and, as a result, the public is being
“defrauded” and physicians are being
“defamed.”
Paul W. Shaw, the lead attorney for the MMS, expressed confidence
after the hearing that the case will go forward. “I believe she
will deny the motions and allow the case to proceed against both the GIC
and the two health plans,” he said.
Lawyers representing the GIC argued that the commission could not be
sued in this manner, while attorneys for the health plans maintained
that the GIC program neither defrauds nor defames. MMS attorneys
maintained that the motions to dismiss should be denied so these issues
could be fully aired.
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