Dartmouth-Hitchcock v. NHDHHS

2013 DNH 130

• Court: District Court, D. New Hampshire
• Decided: September 27, 2013
• Docket: Case No. 11-cv-358-SM
• Status: Published

Opinion

Dartmouth-Hitchcock v . NHDHHS 11-CV-358-SM 9/27/13 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Dartmouth-Hitchcock Clinic, et a l . , Plaintiffs

v. Case N o . 11-cv-358-SM Opinion N o . 2013 DNH 130 Nicholas Toumpas, Commissioner, N.H. Dept. of Health and Human Services, Defendant

O R D E R

Plaintiffs have had ample time to seek reconsideration by

the Secretary of Health and Human Services with respect to her

approval of 2008 Medicaid reimbursement rate reductions (TN N o .

10-014 and TN N o . 10-011). To the extent the court has deferred

action pending that request for administrative review, the motion

to stay has been effectively granted. A further stay, however,

seems unwarranted, and, as of the date of this order, the motion

to stay is formally denied. (Also, to the extent the defendant

orally renewed his earlier motion to dismiss, which preceded the

Secretary’s administrative action, that motion is denied without

prejudice.)

The clerk shall schedule a status conference at which

counsel should be prepared to identify dispositive issues they

believe remain in the case, given the administrative decisions

made by the Secretary with respect to the challenged SPAs, and should address what briefing may yet be required, in light of

Douglas v . Independent Living Center of Southern California,

U.S. ___, 132 S . C t . 1204 (2012); see also Managed Pharmacy Care

et a l . v . Sebelius, 716 F.3d 1235 (9th Cir. 2013); California

Association of Rural Health Clinics, et a l . v . Douglas, 2013 WL

5184355 (9th Cir. September 1 7 , 2013).

SO ORDERED.

Steven J. McAuliffe Jnited States District Judge

September 27, 2013

cc: William L . Chapman, Esq. Anthony J. Galdieri, Esq. Emily P. Feyrer, Esq. Gordon J. MacDonald, Esq. W . Scott O’Connell, Esq. John E . Friberg, Jr., Esq. Erica Bodwell, Esq. Mitchell B . Jean, Esq. Nancy J. Smith, Esq. Jeanne P. Herrick, Esq. Laura E . B . Lombardi, Esq. Constance D. Sprauer, Esq. Ethan P. Davis, Esq.