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.
