Managed Pharmacy Care et al v. Kathleen Sebelius et al
| Independent Living Center of Southern California Inc, Odette Leonelli, Managed Pharmacy Care, Market Pharmacy Inc, Gerald Shapiro, Sharon Steen, Tran Pharmacy Inc, Mark Beckwith and California Foundation for Indenpendent Living Centers |
| Does, Toby Douglas and Kathleen Sebelius |
| 2:2011cv09211 |
| November 4, 2011 |
| US District Court for the Central District of California |
| Margaret A. Nagle |
| Christina A. Snyder |
| Civil Rights: Other |
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Filing
77
MINUTES (IN CHAMBERS) ORDER RE: SCOPE OF PRELIMINARY INJUNCTION by Judge Christina A. Snyder: On 12/28/2011, the Court issued an order granting a preliminary injunction 46 . On 1/31/2012, the Court ordered plaintiffs to show cause why the preliminar y injunction should not be modified to exclude reimbursements not yet paid by the Director for services provided between 6/1/2011, and 1/10/2012 58 . After considering the parties' arguments, the Court finds and concludes as follows. The Court hereby modifies the preliminary injunction to exclude coverage of services rendered between 6/1/2011, and 12/28/2011. Plaintiffs' Ex Parte Due Process Objection and Ex Parte Request for a Stay 73 are hereby DENIED. Court Reporter: Not Present. (gk)
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Filing
46
ORDER GRANTING PRELIMINARY INJUNCTION by Judge Christina A. Snyder: The Court hereby GRANTS plaintiffs' Motion for a Preliminary Injunction 3 . IT IS HEREBY ORDERED as follows: Defendant Toby Douglas, Director of the California Department of He alth Care Services, his employees, his agents, and others acting in concert with him shall be, and hereby are, enjoined and restrained from violating federal law by implementing or otherwise applying the reduction on Medi-Cal reimbursement to provide rs of pharmacy services in the Medi-Cal fee-for-service program on or after 6/1/2011, pursuant to Assembly Bill 97 enacted by the California Legislature in March 2011, as codified at California Welfare and Institutions Code Section 14105.192, or to a ny other degree reducing current Medi-Cal rates for pharmacy service providers in the Medi-Cal fee-for-service program. IT IS HEREBY FURTHER ORDERED that, consistent with the foregoing, the 10/27/2011 decision by Defendant Kathleen Sebelius, Secretary of the Department of the United States Department of Health and Human Services, approving the Medi-Cal reimbursement reduction codified at Welfare and Institutions Code Section 14105.192, is hereby stayed. (gk)
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