On November 29, 2006, the Rosenburg v. Blue Cross Blue Shield of Tennessee Inc. lawsuit was decided. Two doctors, Zachary Rosenburg, M.D. and Dewayne P. Darby, M.D. filed a lawsuit on April 25, 2002 against Blue Cross Blue Shield of Tennessee (BCBST) and the Tennessee Healthcare Network alleging a breach of contract and sought relief under the Tennessee Consumer Protection Act. According to the case file, Doctors Rosenburg and Darby stated that over the period of the contract, Blue Cross Blue Shield of Tennessee systematically and arbitrarily denied reimbursement for medically necessary charges. They alleged of fourteen different types of conduct that constituted breach of contract, unfair or deceptive business practices, and otherwise oppressive conduct (Rosenburg v …show more content…
The contract that was drafted by BCBST to enter into a Physicians Agreement was signed by both Dr. Rosenburg and Dr. Darby on December 20, 2000. This agreement included a provision for arbitration. According to this provision, if a dispute, other than a dispute for which the resolution is provided for in the Utilization Review Program, arises between the parties of this Agreement involving a contention by either party that the other has failed to perform its obligations and responsibilities under this Agreement, then the party making such contention shall promptly give written notice to the other (Rosenburg v BCBST). If the other party that gave the notice remains dissatisfied, then they are to notify the other party and be promptly submitted (within thirty days after they receive a response to the request for reconsideration) to reasonable and binding arbitration in accordance with the Tennessee Uniform Arbitration Act at Tennessee Code Annotated Section 29-5-301 et seq. The Agreement also contained other provisions such as amendments that can be made to the contract if executed by both