Northeast Georgia Cancer Care, LLC filed the instant lawsuit against Blue Cross & Blue Shield of Georgia, Inc. and Blue Cross and Blue Shield Healthcare Plan of Georgia, Inc. collectively “Blue Cross”, seeking a declaratory judgment and alleging claims of breach of legal duty, tortious interference with business relations, and unfair trade practices. Pursuant to these claims, Northeast challenges Blue Cross’s refusal to allow Northeast and its medical oncologists to participate as an approved health care provider for Blue Cross’s HMO network. Blue Cross filed a motion to dismiss Northeast’s claims, which the trial court granted. For the reasons set forth below, we affirm. OCGA § 9-11-12 b 6 provides that an action can be dismissed upon the merits where the complaint fails to state a claim upon which relief can be granted. Dismissal is appropriate only where a complaint shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proven in support of his claim. . . . We review the dismissal de novo, construing the complaint’s allegations and all possible inferences therefrom in favor of the plaintiff. Citations and punctuation omitted. Walker County v. Tri-State Crematory , 284 Ga. App. 34, 35 643 SE2d 324 2007. So viewed, Northeast’s complaint, as amended, alleges that Northeast is a group of cancer and blood disorder treatment specialists whose practice consists of medical and radiation oncologists. Their main office is located in Athens, GA; however, they have satellite offices throughout the state. From 2002 to 2007, Northeast participated as an approved health care provider in Blue Cross’s health maintenance organization “HMO” and preferred provider organization “PPO” networks. In 2003, a dispute over payments and reimbursements arose between the parties. According to Northeast, Blue Cross breached the reimbursement provisions of their provider contracts. As a result of the dispute, Northeast terminated its provider contracts with Blue Cross, effective April 30, 2007.
Eventually, the parties settled the payment and reimbursement dispute. Thereafter, Northeast attempted to negotiate new provider contracts with Blue Cross. Although Northeast previously had been the only Blue Cross cancer care provider in the Athens area, another entity, Georgia Cancer Specialists “GCS”, opened an office in Athens in May 2007. Blue Cross entered into an exclusive one year contract with GCS to provide medical oncology services to its HMO members in the Athens area from July 1, 2007 until July 1, 2008. As a result of the exclusive contract with GCS, Blue Cross informed Northeast that the HMO network was closed and excluded Northeast and its medical oncologists from participating in the HMO network.
