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SIDNEY GREENSTEIN v. COMMONWEALTH PENNSYLVANIA (07/01/86)

decided: July 1, 1986.

SIDNEY GREENSTEIN, SIDNEY GREENSTEIN, M.D., ASSOCIATES, INTERNAL MEDICINE AND CARDIOLOGY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF HEALTH, RESPONDENT



Appeal from the Order of the Department of Health, in case of Sidney Greenstein, M.D., dated March 11, 1985.

COUNSEL

Charles W. Bowser, with him, James P. Cousounis, Pechner, Dorfman, Wolffe, Rounick & Cabot, for petitioner.

Christine S. Dutton, Assistant Counsel, with her, Carolyn B. McClain, Assistant Counsel, and Ruth M. Siegel, Chief Counsel, for respondent.

Thomas W. Wood, with him, William H. Wood, Keefer, Wood, Allen & Rahal, for intervenor, Pennsylvania Blue Shield.

Judges MacPhail and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 98 Pa. Commw. Page 446]

Sidney Greenstein, M.D. (Petitioner) petitions for review of the Department of Health's (Department) approval of Pennsylvania Blue Shield's (PBS) termination of Petitioner as a participating doctor.

The issue presented is whether Petitioner was entitled, under constitutional due process or the Administrative Agency Law (Law),*fn1 to a hearing before the Department.

Petitioner was a participating PBS doctor in Philadelphia, Pennsylvania. The "Participating Doctor's Agreement with Pennsylvania Blue Shield" (Agreement), which Petitioner signed, provided, in pertinent part:

I will perform services for Blue Shield Subscribers, make reports to Blue Shield concerning such services and accept compensation therefor, as provided for in the Blue Shield Regulatory Act, as heretofore or hereafter reenacted or amended, and the By-laws, the applicable Rules and Regulations, the applicable Subscription Agreements or Master Contracts, and the applicable Fee Schedules or Prevailing Fee Program, all as heretofore or hereafter adopted or entered into by Blue Shield under authority

[ 98 Pa. Commw. Page 447]

    of said Regulatory Act, with any required governmental approval.

This Agreement shall continue in effect until terminated by me by giving thirty (30) days' prior written notice to Blue Shield; or until terminated by Blue Shield with the ...


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