Huff v. St. Joseph's Mercy Hospital of Dubuque Corp.

MOORE, Chief Justice.

Plaintiff insurance commissioner appeals trial court order refusing to enjoin defendants’ proposed prepaid plan for childbirth care and holding the plan was neither a “health maintenance organization” (HMO) plan nor a “contract of insurance.” The Commissioner had contended defendants could not legally offer their proposed plan because they were neither licensed as an “HMO” nor certified as an “insurer.” We affirm the trial court.

The relevant facts as stipulated by the parties are these. Defendant St. Joseph’s Mercy Hospital is a nonprofit corporation consisting of several…