Opinion
No. 131711.
December 8, 2006.
Appeal from the Reported below: 271 Mich App 358.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal December 8, 2006.
We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(G)(1). At oral argument, the parties shall address: (1) whether the Court of Appeals conclusion pays sufficient attention to MCL 550.1911(6), (8), (13), (14), (15), and (16), which provide that an independent review organization is to provide a "recommendation" to the Office of Financial and Insurance Services commissioner; (2) whether the Court of Appeals was correct in characterizing as dicta the statement in English v Blue Cross Blue Shield of Michigan, 263 Mich App 449, 464 (2004), that the independent review organization's "recommendation is not binding on the commissioner. In fact, on receipt of the recommendation, the commissioner must independently review the recommendation to confirm that it does not contradict the terms of the health plan. MCL 550.1911(15)."; and (3) if the IRO's recommendation were deemed binding on the OFIS commissioner, would the legislation constitute an unlawful delegation of authority to a private party. The parties may file supplemental briefs within 42 days of the date of this order, but they should avoid submitting mere restatements of the arguments made in their application papers.