Drs. Pass and Bertherman, Inc., Providence Eye Associates, Inc.

Summary

The Rhode Island Supreme Court affirmed the Superior Court’s summary judgment, holding that Neighborhood Health Plan of Rhode Island’s differential reimbursement of ophthalmologists versus optometrists did not violate G.L. 1956 § 5‑35‑21.1(b) because the funds used were private, not public, and the statute’s antidiscrimination provision applies only to public funds. Justice Robinson filed a brief concurring opinion noting the closeness of the case.