C C N Managed Care Inc v. Fayez Shamieh A M C et al

Filing 163

ORDER granting 157 Motion for Permanent Injunction ; denying 160 Motion for Hearing. Signed by Judge James T Trimble, Jr on 11/02/09. (crt,Harrison, U)

BEGEtVEP~
IN ALEXAMDRI~~

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

CCN MANAGED CARE, INC. VS. DR. FAVEZ SHAMIEH, AMC, ET AL

: : :

DOCKET NO. 06-519 JUDGE TRIMBLE MAGISTRATE JUDGE HILL

ORDER P~irsuanto the Memorandum Ruling of this date, IT IS ORDERED, ADJUDGED AND DECREED that the motion for permanent injunction (doe. #157) is hereby GRANTED; pursuant to the Anti-Injunction Actt and the All Writs Act,2 defendants, Dr. Fayez Shamieh, AMC, Southwest Louisiana Hospital Association, d/b/a Lake Charles Memorial Hospital, Lake Charles Memorial Physician Hospital Organization, EnglandMasse Clinic, Dr. R. Dale Bemauer, Dr. Kevin Gorin and Dr. Lynn Foret are hereby PERMANENTLY ENJOINED from re-litigating in any court or administrative agency in the State of Louisiana against CCN Managed Care, Inc. and/or its "authorized payors"3 the issues of (1) whether ~r not the CCN Provider Agreements are valid and enforceable because there are no prohibitiOns in the Louisiana Workers' Compensation law that prevent a provider from agreeing to charge and receive discounted rates for the services they provide to occupationally ill or injured 28 U.S.C.
2

§ 2283. §
165 1(a).

28 U.S.C.

~ Authorized payors include those who can establish a contractual relationship with CCN and be pr~perlydentified in the payor lists pursuant to the CCN Provider Agreements. i

workers, and (2) whether or not CCN Managed Care, as a group purchaser, or such agreements of CCN are exempt from the notice provisions required by Louisiana Revised Statute 40:2203.1. Iii' IS FURTHER ORDERED that the motion for oral argument (doc. #160) is hereby DENIER, as the Court finds that it is not necessary. TtIUS DONE AND SIGNED in Chambers at Lake Charles, Louisiana, this 2~ ~ay of ` November, 2009.

JAME T. TRIMBLE, JR. UNIT~D TATES DISTRICT JUDGE S