BLUE CROSS & BLUE SHIELD OF MICH. v. Insurance Comm'r

Blue Cross and Blue Shield of Michigan (BCBSM) is seeking a declaratory judgment defining the nature and extent of the State Insurance Commissioner’s (Commissioner) regulatory powers over BCBSM as set forth by the Legislature in Public Acts 108 and 109 of 1939.1 No other relief has been requested.

After this case was briefed and argued, the Legislature’s Joint Administrative Rules Committee approved rules which affect the Commissioner’s powers.2 In addition, the new Public Health Code3 was enacted by the Legislature and, on July 25, 1978, signed by the Governor (some months after our opinion…