Emergency Medical Care Facilities, P.C. v. Bluecross Blueshield of Tennessee, Inc.- Dissent

11/29/2018 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON June 20, 2018 Session EMERGENCY MEDICAL CARE FACILITIES P.C. v. BLUECROSS BLUESHIELD OF TENNESSEE INC., ET AL. Appeal from the Circuit Court for Madison County No. C-14-208 Donald H. Allen, Judge No. W2017-02211-COA-R3-CV D. MICHAEL SWINEY, C.J., dissenting. I respectfully dissent from the majority’s decision in this case. I disagree with the majority’s assertion that “the argument that diagnosis codes cannot be the standard upon which an emergency is determined for purposes of payment does not somehow make common issues predominate…