Law360 (May 1, 2019, 6:47 PM EDT) — The deal keeping insurer Highmark Inc. and the University of Pittsburgh
Medical Center in business together was always meant to be temporary, and extending that relationship would break a fundamental part of the agreement, UPMC told the Pennsylvania Supreme Court on Wednesday.
UPMC’s 56-page brief said the state’s highest court had already affirmed that the June 30 expiration date of the consent decree was a vital part of the deal’s original intent.
The medical center argued that granting Pennsylvania Attorney General Josh Shapiro’s motion to change the decree and stop the companies’ divorce would go beyond the limits of the state’s power to “modify” the deal, while also treading on federal oversight of UPMC and Highmark’s Medicare Advantage plans and usurping the state legislature’s power to decide what is and isn’t in the public’s interest.