Hospital & Healthsystem Ass'n v. Commonwealth

I would hold our decision pending a final order in Hosp. & Healthsystem Ass’n v. Ins. Comm’r of Pa., 74 A.3d 1108, 2013 WL 4033850 (Pa.Cmwlth. filed Aug. 9, 2013) (hereinafter “Hosp. & Healthsystem ”) — for which appeal has been sought to this Court1 — because I find my resolution of this appeal is contingent on a final determination in that litigation. Accordingly, I respectfully dissent.

I. The Commonwealth Court’s Decision in Hosp. & Healthsystem.

As the majority alludes to, see Majority Opinion at 606 n. 24, in Hosp. & Healthsystem, the Commonwealth Court recently construed Section…