Taxes raised to fund MCARE in an effort to help keep doctors from leaving Pennsylvania cannot be diverted for other budgetary uses, an en banc panel of the Commonwealth Court said in an unreported memorandum opinion.
A group of doctors, in Pennsylvania Medical Society v. Department of Public Welfare , petitioned the court in its original jurisdiction to force the Department of Public Welfare and the state Office of Budget to fund abatements to the doctor’s required contributions to the MCARE Fund. The department and Office of Budget filed preliminary objections, most of which were overruled.
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