Parsons et al v. Ryan et al

Filing 2810

ORDER re: 2520 MOTION to Enforce The Stipulation ; IT IS ORDERED that PM 50 at Tucson is substantially non-compliant. IT IS FURTHER ORDERED directing Defendants to file a remedial plan tailored to PM 50 no later than June 6, 2018. Signed by Magistrate Judge David K Duncan on 5/11/18. (MSA)

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Case 2:12-cv-00601-DKD Document 2810 Filed 05/11/18 Page 1 of 2 1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Victor Antonio Parsons, et al., No. CV-12-0601-PHX-DKD Plaintiffs, 10 11 v. 12 Charles L. Ryan, et al., 13 ORDER Defendants. 14 15 16 Plaintiffs filed a Motion to Enforce the Stipulation (Doc. 2520) concerning several 17 performance measures, including PM 50 at Tucson, which requires urgent consultations 18 and urgent specialty diagnostic services to be scheduled and completed within thirty (30) 19 calendar days of the consultation being requested by the provider. At its April 11, 2018 20 Status Hearing, the Court held a ruling in abeyance on this particular PM at this facility 21 because the February CGAR reports reflected compliance at 87% (Doc. 2782, 4/11/18 22 Hr’g Tr. at 24:4-10). At the May 9, 2018 Status Hearing, however, the March CGAR 23 reports showed that compliance dropped to 76% (Doc. 2801-1 at 144), without specifying 24 a detailed remedial plan to address the longstanding deficiency. Because PM 50 at 25 Tucson has been non-compliant since at least March 2017, with the exception of June 26 2017 (86%) and February 2018 (87%), the Court finds PM 50 at Tucson to be 27 substantially non-compliant as it has been non-compliant for three or more consecutive 28 months in the last 18 month period (See Doc. 2644; Doc. 1185 at ¶ 10(b)(ii)). Defendants Case 2:12-cv-00601-DKD Document 2810 Filed 05/11/18 Page 2 of 2 1 must therefore create a remedial plan tailored to this PM and file it with the Court no later 2 than June 6, 2018. 3 4 5 6 7 Accordingly, IT IS ORDERED that PM 50 at Tucson is substantially noncomplaint. IT IS FURTHER ORDERED directing Defendants to file a remedial plan tailored to PM 50 no later than June 6, 2018. Dated this 11th day of May, 2018. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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