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GERALDINE K. RICHTER, Plaintiff-Appellant
vs.
CAPP CARE INC. Defendant-Appellee. AMERICAN ASSOCIATION OF PREFERRED PROVIDER ORGANIZATIONS, Amicus Curiae.
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Issues:
Policy and procedure, private right of action.
Case Summary:
Geraldine K. Richter, a physician and orthopedic surgeon, appeals a U.S. District Court ruling in favor of Capp Care Inc., a company that rejected her as a preferred provider in it's Northern Virginia Preferred Provider Organization. The company rejected Richter because she had been disciplined by the Virginia Board of Medicine for obtaining and possessing controlled substances, Ativan and Halcion.
Decision of lower jurisdiction:
The U.S. District Court for the Eastern District of Virginia ruled against Richter, noting that Capp Care's policy "rejects the applications of all physicians who have been disciplined by state medical boards." Richter now appeals.
Outcome:
Richter loses. The U.S. District Court of Appeals for the Fourth Circuit affirmed the ruling of the district court. The appeals court ruled that the disciplinary action concerning Dr. Richter's action was public information and she should have expected Capp Care to consider the information.