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Spectera Inc. v. Wilson

A vision care insurer's independent eye care provider agreement violated Georgia's Patient Access to Eye Care Act because it required independent providers to obtain prepared materials from the insurer.

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Spectera, Inc. appeals the trial court’s order holding that its independent eye care provider contract violates Georgia’s Patient Access to Eye Care Act, OCGA § 33-24-59.12 the “Eye Care Act”, and granting injunctive relief to Steven M. Wilson, O. D.; Cynthia J. Murray, O. D.; Jodie E. Summers, O. D.; and David Price, O. D. collectively the “Wilson Group”.

Spectera is a foreign vision care insurer providing eye care benefits to Georgia residents.1 Spectera contracts with vision care providers in Georgia to provide eye care services to its plan members. Wilson is a licensed optometrist employed by Steven M. Wilson, O. D., P. C., doing business as Wilson Eye Center “WEC”, which operates an eye care center in Lowndes County. McMurray, Summers, and Price are also licensed optometrists employed by WEC. Wilson, McMurray and Summers all qualified as members of Spectera’s panel of approved eye care providers the “Panel”. Price applied to join the Panel, but he has not been accepted as an approved eye care provider.

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