A split en banc panel of the Commonwealth Court ruled the state must transfer $808 million from its general fund to the MCARE Fund in order to cover abatements paid out to doctors to help ease their insurance premiums.

The court, in a 4-1 ruling, said the state illegally diverted the money from the MCARE Fund and from an account created specifically to provide money to the fund to cover the abatements. But the dissenting judge said the decision would provide a windfall to doctors who already received the abatements and could put the 2009-10 state budget “out of balance.”

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