Adams EMS, Inc. v. Azar

Filing 22

TEMPORARY RESTRAINING ORDER entered: This order takes effect July 11, 2018 and expires on July 25, 2018. Plaintiff must post the remaining bond of 25,000 by Sept. 10, 2018. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ADAMS EMS, INC.,
Plaintiff,
VS.
ALEX M. AZAR II, SECRETARY,
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES
Defendant.

ENTERED
July 11, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. H-18-1443
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TEMPORARY RESTRAINING ORDER
The following relief is ordered against the defendant, Alex M. Azar, II, Secretary of the United
States Department of Health and Human Services, and his officers, agents, servants, employees, and
attorneys. FED. R. CIV. P. 65(d)(2). The temporary restraining order covers and is binding on those
“who are in active concert or participation” with the parties or the parties’ officers, agents, servants,
employees, or attorneys. Id. This order takes affect today, July 11, 2018.
(1)

The Secretary is restrained and enjoined from withholding or offsetting payments and
receivables to, or otherwise collecting from, Adams EMS, Inc. to effectuate the
recoupment of the alleged overpayments in the underlying claims pending an
administrative law judge hearing and adjudicating Adams EMS’s overpayment appeal.

(2)

The Secretary is not restrained from withholding Medicare payments for intervening
alleged overpayment claims.

(3)

The temporary restraining order bond is set at $5,000 in addition to the funds already
recouped by the Secretary. Adams EMS has posted $2,500 as a condition of entering the
temporary restraining order. (Docket Entry No. 19-1). Adams EMS must post the
remaining $2,500 by September 10, 2018.

(4)

This Order expires on July 25, 2018, unless otherwise extended by the court or by
agreement of the parties.
SIGNED on July 11, 2018, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge