New Orleans Home for Incurables, Inc. v. Greenstein

Filing 37

AMENDED ORDER & REASONS re pla New Orleans Home for Incurables, Inc.'s 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction: IT IS HEREBY ORDERED that NOHI's Motion for Temporary Restraining Order is DENIED; IT IS F URTHER ORDERED that a hearing on NOHI's Motion for Preliminary Injunction is set for 10/12/2012 at 10:00 A.M.; IT IS FURTHER ORDERED that NOHI will submit a pre-hearing briefing to outline its arguments in favor of a preliminary injunction and w ill identify any exhibits, live testimony, or other evidence it plans to present in support by 9/28/2012. DHH's briefing in opposition to the preliminary injunction identifying any exhibits, live testimony, or other evidence it plans to present will be submitted by 10/9/2012 at 10:00 A.M. Signed by Judge Nannette Jolivette Brown on 10/9/2012.(rll, ) Modified on 10/9/2012 to edit doc type (rll, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
NEW ORLEANS HOME FOR
INCURABLES, INC.

CIVIL ACTION

VERSUS

NO. 12-2306

BRUCE D. GREENSTEIN, Secretary of Louisiana
Department of Health and Hospitals

SECTION: “G”(5)

AMENDED ORDER AND REASONS
Before the Court is Plaintiff New Orleans Home for Incurables, Inc.’s (“NOHI”) Motion for
a Temporary Restraining Order (“TRO”).1 In sum, Plaintiff requests this Court enjoin the Louisiana
Department of Health and Hospitals (“DHH”) from revoking its nursing home license pending
exhaustion of its administrative review and judicial appeals process. Plaintiff also requests this
Court enjoin DHH from terminating its Medicaid Provider Agreement, considering the termination
is based on DHH’s license revocation, until Plaintiff has exhausted its appeals. Specifically,
although the termination of the Medicaid Provider Agreement is not effective until September 28,
2012, plaintiff was concerned that if it was required to hold a meeting with residents and their
families on September 24, 2012 to advise them of the license revocation and Medicaid Provider
Agreement termination and provide them with relocation options, as required by DHH, they would
effectively be put out of business, considering ninety percent of their residents are Medicaid
dependent.
The September 24, 2012 resident/family meeting has been continued by DHH until after this
Court rules on the pending preliminary injunction. Therefore, when DHH agreed that NOHI’s
nursing home license would not be terminated until administrative reviews and judicial appeals have

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Rec. Doc. 2.

been exhausted and that the resident/family meeting would be moved until after a hearing on the
preliminary injunction, any irreparable harm Plaintiff perceived, was mooted. Accordingly,
plaintiffs could not demonstrate “a substantial threat that it will suffer irreparable injury if the TRO”
was not granted.
IT IS HEREBY ORDERED that NOHI’s Motion for a Temporary Restraining Order is
DENIED.
IT IS FURTHER ORDERED that a hearing on NOHI’s motion for a preliminary injunction
is set for October 12, 2012, at 10:00 AM.
IT IS FURTHER ORDERED that NOHI will submit a pre-hearing briefing to outline its
arguments in favor of a preliminary injunction and will identify any exhibits, live testimony, or other
evidence it plans to present in support by September 28, 2012. DHH’s briefing in opposition to the
preliminary injunction identifying any exhibits, live testimony, or other evidence it plans to present
will be submitted by October 9, 2012, at 10:00 AM.

NEW ORLEANS, LOUISIANA, this ____ day of October, 2012.
9th
_________________________________
NANNETTE JOLIVETTE BROWN
UNITED STATES DISTRICT JUDGE

COUNSEL FOR PLAINTIFF IS ORDERED
TO PROVIDE A COPY TO COUNSEL FOR
DEFENDANT UPON RECEIPT.

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