Priority Health v. Commissioner of Office of Financial and Insurance Services

Order Michigan Supreme Court
Lansing, Michigan

January 29, 2010 Marilyn Kelly,
Chief Justice

139189& (72) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PRIORITY HEALTH, Diane M. Hathaway,
Petitioner-Appellant, Justices

v SC: 139189
COA: 278373
Kent CC: 06-007714-AA
COMMISSIONER OF THE OFFICE
OF FINANCIAL AND INSURANCE
SERVICES,
Respondent-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the May 21, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether, as part of a plan under the Small Employer Group Health Coverage
Act, MCL 500.3701, et seq., an insurer or licensed health maintenance organization can
require an employer to pay a specific percentage of the premium charged for each
employee; and (2) whether MCL 500.3711(2) limits the provisions that can be included
in such policies.

The motion for leave to file brief amicus curiae is GRANTED. The Michigan
Chamber of Commerce and the Small Business Association of Michigan are invited to
file briefs amicus curiae. Other persons or groups interested in the determination of the
issue presented in this case may move the Court for permission to file briefs amicus
curiae.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
January 29, 2010 _________________________________________
s0126 Clerk