THE NONPROFIT HEALTH CARE CORPORATION REFORM ACT
Act 350 of 1980
550.1619 Injunction; declaratory and equitable relief; enforcement of act or rules.
Sec. 619.
(1) The attorney general may bring an action, or apply to the circuit court for a court order, to enjoin a health care corporation from transacting business, receiving, collecting, or disbursing money, or acquiring, holding, protecting, or conveying property if that corporate activity is not authorized under this act.
(2) The attorney general may apply to the circuit court for a court order enjoining an alleged violation of this act or other equitable or extraordinary relief to enforce this act.
(3) A political subdivision of this state, an agency of this state, or any person may bring an action in the circuit court for Ingham county for declaratory and equitable relief against the commissioner or to compel the commissioner to enforce this act or rules promulgated under this act.
History: 1980, Act 350, Eff. Apr. 3, 1981
PopularName Notes:
Blue Cross-Blue Shield
PopularName Notes:
Act 350
Notes of Decisions
PT Today, Inc. v. Comm'r of the Off. of Fin. & Ins. Servs., 715 N.W.2d 398 (Mich. Ct. App. 2006).
· cites it 2× “However, in BPS Clinical Laboratories , this Court definitively stated that the Act “does not grant a health care provider the right to sue a health care corporation directly” and that “[o]nly the Attorney General and the Insurance Commissioner are entitled to enforce the act…”
Genesis Ctr., PLC v. Comm'r of Fin. & Ins. Servs., 633 N.W.2d 834 (Mich. Ct. App. 2001).
· cites it 5× “Plaintiffs claimed that the circuit court had jurisdiction under MCL 550.1619(3) and requested that the circuit court declare bcbsm’s conduct to be illegal and stop such conduct.”
Sluiter v. Blue Cross & Blue Shield of Michigan, 979 F. Supp. 1131 (E.D. Mich. 1997).
· cites it 2× “Mich. Comp. Laws Ann. § 550.1619 (3) provides that “[A]ny person may bring an action in the circuit court for Ingham county for declaratory and equitable relief against the commissioner or to compel the commissioner to enforce this act or rules promulgated under this act.”
BPS Clinical Labs. v. Blue Cross & Blue Shield, 522 N.W.2d 902 (Mich. Ct. App. 1994).
· cites it 2× “Turning to the question whether plaintiffs have a private cause of action under Act 350 or the PPA, I agree with the circuit court that plaintiffs' remedy under Act 350 was to file a complaint with the Insurance Commissioner to compel enforcement of the act.”
— Mich. Comp. Laws § 550.1619(1) — 1 case
— Mich. Comp. Laws § 550.1619(2) — 4 cases
PT Today, Inc. v. Comm'r of the Off. of Fin. & Ins. Servs., 715 N.W.2d 398 (Mich. Ct. App. 2006).
“However, in BPS Clinical Laboratories , this Court definitively stated that the Act “does not grant a health care provider the right to sue a health care corporation directly” and that “[o]nly the Attorney General and the Insurance Commissioner are entitled to enforce the act…”
— Mich. Comp. Laws § 550.1619(3) — 3 cases
Genesis Ctr., PLC v. Comm'r of Fin. & Ins. Servs., 633 N.W.2d 834 (Mich. Ct. App. 2001).
“Plaintiffs claimed that the circuit court had jurisdiction under MCL 550.1619(3) and requested that the circuit court declare bcbsm’s conduct to be illegal and stop such conduct.”
PT Today, Inc. v. Comm'r of the Off. of Fin. & Ins. Servs., 715 N.W.2d 398 (Mich. Ct. App. 2006).
“However, in BPS Clinical Laboratories , this Court definitively stated that the Act “does not grant a health care provider the right to sue a health care corporation directly” and that “[o]nly the Attorney General and the Insurance Commissioner are entitled to enforce the act…”
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