Scott L. Havsy, D.O. Pain Diagnostics & Rehabilitation Associates v. Pierce County Medical Bureau, Inc.

999 F.2d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Scott L. HAVSY, D.O.; Pain Diagnostics & Rehabilitation Associates, Plaintiffs-Appellants, v. PIERCE COUNTY MEDICAL BUREAU, INC., Defendant-Appellee. No. 91-36091. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1993. Decided July 20, 1993. Before: BRUNETTI, LEAVY, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Scott Havsy, D.O., sole shareholder of Pain Diagnostics and Rehabilitation Associates, P.S. (jointly, "Havsy"), appeals from the district court's entry of summary judgment in favor of Pierce County Medical Bureau, Inc. ("PCMB"). We affirm. 3 Havsy argues, inter alia, that he did not breach his preferred care provider agreements ("agreements") with PCMB by balance billing a subscriber because the "balance" would come ultimately from a third-party payor. While the agreements do not prohibit signatory physicians from recovering against third-party payors, they do bar them from…