California Association of Rural Health Clinics et al v. Maxwell-Jolly et al

Filing 62

STIPULATED JUDGMENT AND ORDER dated *04/24/15* pursuant to order signed by District Judge Troy L. Nunley on 04/23/15. (Benson, A)

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JOHN E. FISCHER, SBN 065792
MURPHY AUSTIN ADAMS SCHOENFELD LLP
304 “S” Street (95811-6906)
Post Office Box 1319
Sacramento, California 95812-1319
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Plaintiffs
CALIFORNIA ASSOCIATION OF RURAL
HEALTH CLINICS and AVENAL COMMUNITY
HEALTH CENTER

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ATTO RNEY S AT LAW

M URPHY A USTIN A DAMS S CHOENFELD LLP

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CALIFORNIA ASSOCIATION OF
RURAL HEALTH CLINICS and
AVENAL COMMUNITY HEALTH
CENTER,

Case No. 2:10-cv-00759-TLN-EFB
STIPULATED JUDGMENT AND ORDER

Plaintiffs,

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ACTION FILED: March 30, 2010
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v.

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TOBY DOUGLAS, Director of the
California Department of Health Care
Services; MARI CANTWELL, Chief
Deputy Director for Health Care Programs
of the California Department of Health
Care Services; and the CALIFORNIA
DEPARTMENT OF HEALTH CARE
SERVICES,

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Defendants.
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On November 5, 2014, the Court entered an Order (ECF No. 60) granting in part and

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denying in part Plaintiffs’ Motion for Attorneys’ Fees (ECF No. 51), and granting Plaintiffs’

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motion for summary judgment. The parties have agreed that defendant California Department of

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Health Care Services shall pay plaintiffs their costs and attorneys’ fees in the total amount of

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$325,000.00, in connection with the district court and appellate proceedings in the above-12:10-cv-00759-TLN-EFB

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captioned matter..
Pursuant to the above-described stipulation between the parties and this Court’s Order

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dated November 5, 2014 (ECF No. 60), it is hereby ORDERED and ADJUDGED:

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1.

Plaintiffs’ motion for summary judgment is GRANTED because § 14131.10

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impermissibly eliminates Federally Qualified Health Center and Rural Health Clinic services

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from coverage under the Medicaid Act;

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2.

Pursuant to the Ninth Circuit’s ruling, Defendants, its agents, servants, employees,

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attorneys, successors, and all those working in concert with them, are permanently enjoined from

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enforcing § 14131.10 with respect to the “physicians’ services” described in 42 U.S.C. §§
1395x(aa)(1)(A) & (3)(A) and 1395x(r)(2)-(5) for which State Medicaid agencies are required to

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reimburse FQHCs and RHCs in the manner described in 42 U.S.C. § 1396a(bb);

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ATTO RNEY S AT LAW

M URPHY A USTIN A DAMS S CHOENFELD LLP

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3.

Pursuant to the stipulation between the parties, defendant, California Department

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of Health Care Services, shall pay plaintiffs their attorneys’ fees and costs in the total amount of

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$325,000.00.

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4.

The Court finds that no just reason exists for delay in entering this Stipulated

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Judgment and Order. Accordingly, the Clerk is hereby directed to immediately enter this

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Stipulated Judgment and Order.

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This Stipulated Judgment and Order is binding against Defendants, their

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successors in office, and their respective officers, agents and employees, and all others acting in

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concert with them.

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SIGNATURES OF THE PARTIES

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Dated: April ___, 2015

CALIFORNIA ASSOCIATION OF RURAL
HEALTH CLINICS

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By:/s/
GAIL NICKERSON, PRESIDENT

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Dated: April ___, 2015

AVENAL COMMUNITY HEALTH CENTER

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By:/s/
JOHN BLAINE, CHIEF EXECUTIVE
OFFICER

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ATTO RNEY S AT LAW

M URPHY A USTIN A DAMS S CHOENFELD LLP

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Dated: April ___, 2015

CALIFORNIA DEPARTMENT OF HEALTH
CARE SERVICES

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By:/s/
JENNIFER KENT, DIRECTOR

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Dated: April ___, 2015

By:/s/
MARI CANTWELL, CHIEF DEPUTY
DIRECTOR, CALIFORNIA DEPARTMENT
OF HEALTH CARE SERVICES

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SIGNATURES OF ATTORNEYS

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Dated: April ___, 2015

MURPHY AUSTIN ADAMS SCHOENFELD LLP

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By:/s/
JOHN E. FISCHER
Attorneys for Petitioners
CALIFORNIA ASSOCIATION OF RURAL
HEALTH CLINICS and AVENAL
COMMUNITY HEALTH CENTER

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Dated: April ___, 2015

KAMALA D. HARRIS
ATTORNEY GENERAL OF CALIFORNIA

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ATTO RNEY S AT LAW

M URPHY A USTIN A DAMS S CHOENFELD LLP

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By:/s/
SUSAN M. CARSON, SUPERVISING
DEPUTY ATTORNEY GENERAL
Attorneys for Defendants
CALIFORNIA DEPARTMENT OF HEALTH
CARE SERVICES, JENNIFER KENT, and
MARI CANTWELL

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JUDGMENT AND ORDER

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IT IS SO ADJUDGED AND ORDERED.
Dated: April 23, 2015

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Troy L. Nunley
United States District Judge

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ATTO RNEY S AT LAW

M URPHY A USTIN A DAMS S CHOENFELD LLP

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