Sonnenschein Argues Landmark Patient Referral Law Case to Maryland's Highest Court

On October 10, 2008, the Maryland Court of Appeals—the State's highest court—heard oral argument in a case being watched by medical practices as well as state and national medical associations across the country. In Potomac Valley Orthopaedic Association et al. v. Maryland State Board of Physicians et al., Sonnenschein appellate litigators represent 12 petitioner medical practices that are challenging the Maryland State Board of Physicians' declaratory ruling that prohibits non-radiology medical practices from providing their patients with in-office magnetic resonance imaging (MRI) and computed tomography (CT) services. Two circuit court judges in Maryland have reached opposite conclusions as to whether the State's Patient Referral Law permits non-radiology medical practices to provide in-office MRI and CT services to their patients.  In May 2008, while the case was pending in Maryland's intermediate appellate court, the Court of Appeals exercised its "bypass procedure" by granting a writ of certiorari so that the case would move directly to the State's highest court for appellate review.  Currently, Maryland is the only state in the country in which the state patient referral law has been interpreted to prohibit patients from receiving in-office imaging services from their treating physicians under all circumstances.

The case has gained national attention, as Maryland is being viewed as a testing ground for radiology interest groups seeking to gain a monopoly for their members with respect to such diagnostic and imaging services. Six national medical associations, including the American Association of Orthopaedic Surgeons, the American Urological Association, the American Gastroenterological Association, the American Academy of Neurology, the American Association of Neurological Surgeons and the American College of Surgeons, jointly filed an amici curiae brief supporting Sonnenschein's clients. The American College of Radiology and the American Society of Radiology and Therapeutic Oncology entered the case as amici curiae supporting the Board of Physicians.

Sonnenschein's Howard Rubin presented argument for the petitioner medical practices.  The Court of Appeals has not given a timeframe for when it will issue its decision in the case.