Hospital Wants Redo In 6th Circ. ProMedica Contract Appeal

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Law360 (August 25, 2021, 7:25 PM EDT) — St. Luke’s Hospital wants an en banc rehearing after a Sixth Circuit panel tossed a preliminary injunction barring ProMedica Health System from terminating insurance contracts with rival St. Luke’s and the hospital’s physicians group.

According to St. Luke’s and the hospital’s WellCare physicians group, the Sixth Circuit’s opinion earlier this month overlooked “substantial evidence” cited in the district court’s ruling granting the injunction and mistakenly concluded that a loss of market share couldn’t provide a basis for irreparable injury.

On Aug. 10, the Sixth Circuit tossed the preliminary injunction, ruling that ProMedica “had a legitimate business explanation” for ending its contract…

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