CDCAN: US 9th CIRCUIT COURT OF APPEALS SIDES WITH STATE ON 10% MEDI-CAL PROVIDER CUTS

BREAKING NEWS:

US 9TH CIRCUIT COURT OF APPEALS SIDES WITH BROWN ADMINISTRATION ON 2011 MEDI-CAL PROVIDER 10% RATE CUT

  • ·      In Other Budget News: Assembly Budget Subcommittee #1 on Health and Human Services Will Now Meet At 12 Noon – Met Briefly But Decided to Delay Hearing At Request of A Subcommittee Member – Senate Budget and Fiscal Review Committee Will Meet Shortly

 

SACRAMENTO, CA (CDCAN)  [Last updated 05/24/2013 11:01  AM] –  The full US 9th Circuit Court of Appeals issued an order this morning that sides with the State’s 10% rate reduction for nearly all Medi-Cal providers that was enacted in 2011 (AB 97) but blocked since then by a federal district court order. 

 

The full appeals court denied a petition for a rehearing on a ruling issued last December by a 3 judge panel of the appeals court that reversed that lower federal district court order that blocked the State from implementing the 10% reduction. 

 

The Brown Administration, as part of the 2013-2014 State Budget, intends to implement the 10% reduction retroactive to June 1, 2011. 

 

A copy of the 42 page order denying the rehearing by the US 9th Circuit Court of Appeals and a new order replacing the previous December 2012 ruling that sided with the Brown Administration’s position on the Medi-Cal provider cuts is attached to this CDCAN Report. 

  • ·      “20130524 – US 9thj Circuit Court of Appeals Denial of Rehearing on Medi-Cal Provider 10% Reduction (42 Pages).  This is a pdf document file that can be read by people who are blind or sight impaired using a screen reading device.
  • ·      “20130524 – US 9th Circuit Court of Appeal Order on Medi-Cal Provider 10% Cut (3 Pages).pdf”  This is a pdf image file – the only copy currently available – that cannot be read by people who are blind or sight impaired using a screen reading device.  CDCAN will obtain a readable version and send out later today. 

 

CDCAN will issue more details in a CDCAN Report later today.

 

The attorney representing a group of Medi-Cal pharmacy providers and Medi-Cal recipients said they would consider filing another appeal to the US 9th Circuit Court of Appeals or file an appeal to the US Supreme Court. 

 

Lynn S. Carman, counsel for Medicaid Defense Fund which brought the lead lawsuit on behalf of a group of pharmacies (Managed Pharmacy Care), and Medi-Cal recipients , said that that the new decision “…will destroy both the Medicaid program both for existing beneficiaries and for millions of working poor who are being forced into the Medicaid program in California by Obamacare and Governor Brown in 2014”.  

 

Carman said that Medicaid Defense Fund will go back to the US 9th Circuit Court of Appeals or file an appeal with the Supreme Court, to set aside this newest 9th Circuit decision.

 

ASSEMBLY BUDGET SUBCOMMITTEE WILL MEET AT 12 NOON – SENATE BUDGET COMMITTEE WILL MEET VERY SHORTLY

Meanwhile in other budget news, the Assembly Budget Subcommittee #1 on Health and Human Services will now meet at 12 noon. The panel met briefly but decided to delay hearing at request of a subcommittee member.

The Senate Budget and Fiscal Review Committee will meet shortly. 

Read articles like this here: www.cdcan.us

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