Court tosses UPMC lawsuit against Pa. Attorney General

The lawsuit – filed in response to Shapiro’s attempt to extend a consent decree governing the relationship between UPMC and Highmark –argued that the attorney general had no authority to change the agreement.

Shapiro’s motion to dismiss the case was granted April 24 by U.S. District Judge John E. Jones III of the Middle District of Pennsylvania.

“General Shapiro’s proposed changes constitute no more than his stated intentions,” Judge Jones said in the 31-page court document. “General Shapiro’s stated intentions are not binding law. Were we to find as much, this court’s docket would be overwhelmed with ripe controversies anytime a politician opened his or her mouth.”

Shapiro’s office offered the attorney general’s April 21 tweet as its official response to the ruling.

“In response to our lawsuit to protect Western PA’ns healthcare, @UPMC filed legal actions to intimidate our Office,” Shapiro tweeted. “We didn’t back down, we weren’t intimidated, and just now a federal judge dismissed their suit. #rule of law #fairness.”

The original dispute began after Highmark established its own network of hospitals, Allegheny Health Network, in 2013, prompting UPMC to terminate contracts with Highmark, which had become a competing provider.

A consent decree between the two health networks is scheduled to expire on June 30.

Originally set in place in 2014, the decree ensures that people with Highmark insurance can get in-network access to UPMC providers.

The decree is now in the hands of the Pennsylvania Supreme Court, which will hear oral arguments May 16 in Harrisburg from Shapiro and UPMC.