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According to the Third Circuit case, DiCarlo v. St. Mary Hospital, No. 06-3579. June 24, 2008, they can. What has always seemed inequitable to me is that the people who don’t have health insurance pay the most for the medical services. DiCarlo is an interesting read and certainly not wrong. What is interesting in the opinion is that the Judge clearly points the finger to the legislative process and not the courts. In reading the opinion, the Judge fully understands the inequities, but feels that there is nothing a Judge can do, only Congress or a State’s Legislature can right this wrong. We can fix this only if we elect representatives who are willing to try.

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