Association of American Physicians & Surgeons, Inc. v. Brown et al

Filing 21

ORDER granting 18 Motion for Leave to File Brief Amicus Curiae signed by District Judge Morrison C. England, Jr on 9/29/17. (Kaminski, H)

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Marc Del Piero, Esq.
California Bar Number #91644
4062 El Bosque Drive
Pebble Beach, CA. 93953-3011
Office [phone]
Office [phone]
FAX [phone]
[e-mail]

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ASSOCIATION OF AMERICAN
) Civil Action
PHYSICIANS & SURGEONS, INC., ) No. 2:16-cv-02441-MCE-EFB
)
Plaintiff,
) MOTION OF PHYSICIANS
) ADVOCACY COUNCIL,
v.
) INC. (PAC), TO FILE
) BRIEF AMICUS CURIAE
JERRY BROWN, in his official
) IN SUPPORT OF
capacity as Governor of the State
) PLAINTIFF
of California and SHELLEY
)
ROUILLARD, in her official
)
capacity as the Director of the
) DATE: October 19, 2017
California Department of
) TIME: 2 p.m.
Managed Health Care
)
) JUDGE: The Honorable
Defendants.
) Morrison C. England, Jr.
_________________________________)

Counsel for Amicus Curiae
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

Dated: September 22, 2017

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MOTION FOR LEAVE TO FILE BRIEF AMICUS

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CURIAE IN SUPPORT OF PLAINTIFF

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Pursuant to Rule 29(a) of the Federal Rules of

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Appellate Procedure, the Physicians Advocacy

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Council, Inc. ("PAC") respectfully moves for leave to

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file the accompanying brief amicus curiae in support

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of the complaint filed by the American Association

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of Physicians & Surgeons, Inc.

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PAC provided both parties with timely notice

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along with its request for consent to file its brief

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amicus. Plaintiff has given written consent.

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Defendants have not responded.

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PAC was founded in 2013 and is a nonprofit

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corporation incorporated in California. No publicly

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traded company owns any stock in amicus. PAC

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represents physicians of a great variety of

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disciplines throughout California, who are directly

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affected by consequences and impacts of AB 72 (the

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"Act") upon the medical profession, and millions of

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patients in the State of California. The mission of

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PAC is, in part, to preserve, protect, and defend the

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individual and constitutional rights of physicians

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and patients.

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PAC's activities on behalf of physicians and their

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patients include education (providing professional

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advice and guidance to assist practicing physicians

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deliver optimal care to patients) and advocacy

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(informing physicians about public policies as well

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as formulating positions to improve the quality of

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medical care available to consumers).

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PAC has a direct and vital interest in this litigation

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concerning the constitutional rights of physicians

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and their patients. PAC holds an important

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perspective on the doctor-patient relationship and

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wishes to present facts highlighting the adverse

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impact the Act has on this special bond.

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The statutes stemming from the Act harm many

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California physicians, including targeted out-of-

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network ("OON") physicians who do not contract

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with patients' insurance companies. The Act

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unjustly supplants contracts between patients and

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their personal physicians by conscripting OON

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physicians to ad hoc, de facto “contracts” with

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insurance companies whereby targeted OON

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physicians must charge and collect from insurance

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companies delayed, discounted, and derisive

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payments – but get nothing in return. Subjugated

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physicians, who did not – or could not – contract

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with these insurance companies have only illusory

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or punitive recourses.

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By implementing the Act, the State of California

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chose to benefit insurance companies and their

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related third parties including risk-bearing

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physician groups that compete with physicians who

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are harmed by the Act. The State of California

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insures many of its employees and therefore its

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financial interests are aligned with those of

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insurance companies. The State is benefiting from

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the Act and thus cannot claim sovereign immunity.

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Were state legislation seemingly not immune from

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anti-trust laws, the horizontal price-fixing scheme

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promoted by insurance companies and their related

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risk-bearing physician groups would constitute an

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illegal restraint of trade as a matter of federal law.

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Because of the importance of the significant and

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complex physician/patient issues, and the multiple

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constitutional issues raised by the Act and this

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subject case, PAC respectfully requests that its

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motion for leave to file the accompanying brief

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amicus curiae be granted by the Court.

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Respectfully submitted,

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/s/ Marc Del Piero, Attorney

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Marc Del Piero, Esq.
California Bar Number #91644
4062 El Bosque Drive
Pebble Beach, CA. 93953-3011
Office [phone]
Office [phone]
FAX [phone]
[e-mail]

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Counsel for Physicians Advocacy Council

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Marc Del Piero, Esq.
California Bar Number #91644
4062 El Bosque Drive
Pebble Beach, CA. 93953-3011
Office [phone]
Office [phone]
FAX [phone]
[e-mail]

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ASSOCIATION OF AMERICAN
) Civil Action
PHYSICIANS & SURGEONS, INC., ) No. 2:16-cv-02441-MCE-EFB
)
Plaintiff,
) ORDER ON
) MOTION OF
v.
) PHYSICIANS
) ADVOCACY COUNCIL,
JERRY BROWN, in his official
) INC. (PAC) TO FILE
capacity as Governor of the State of ) BRIEF AMICUS CURIAE
California, and SHELLEY
)
ROUILLARD, in her official capacity ) DATE: October 19, 2017
as director of the Department of
) TIME: 2 p.m.
Managed Health Care
)

Counsel for Amicus Curiae
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

) JUDGE: The Honorable

Defendants.
) Morrison C. England, Jr.
_________________________________)
Dated: September 22, 2017

The Physicians Advocacy Council, Inc. has moved, pursuant to Rule
29(a) of the Federal Rules of Appellate Proceedings, for leave of the court to
file a brief amicus curiae in this matter.
The court, with good cause appearing, hereby approves the
Physicians Advocacy Council, Inc.'s motion and hereby orders same.
IT IS SO ORDERED.
Dated: September 29, 2017