Opinion
JOHN E. FISCHER, MURPHY AUSTIN ADAMS SCHOENFELD LLP, Sacramento, California, Attorneys for Plaintiffs CALIFORNIA ASSOCIATION OF RURAL HEALTH CLINICS and AVENAL COMMUNITY HEALTH CENTER.
KAMALA D. HARRIS, ATTORNEY GENERAL OF CALIFORNIA, SUSAN M. CARSON, SUPERVISING, DEPUTY ATTORNEY GENERAL, Attorneys for Defendants, CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES, JENNIFER KENT, and MARI CANTWELL.
STIPULATED JUDGMENT AND ORDER
TROY L. NUNLEY, District Judge.
On November 5, 2014, the Court entered an Order (ECF No. 60) granting in part and denying in part Plaintiffs' Motion for Attorneys' Fees (ECF No. 51), and granting Plaintiffs' motion for summary judgment. The parties have agreed that defendant California Department of Health Care Services shall pay plaintiffs their costs and attorneys' fees in the total amount of $325, 000.00, in connection with the district court and appellate proceedings in the above-captioned matter.
Pursuant to the above-described stipulation between the parties and this Court's Order dated November 5, 2014 (ECF No. 60), it is hereby ORDERED and ADJUDGED:
1. Plaintiffs' motion for summary judgment is GRANTED because § 14131.10 impermissibly eliminates Federally Qualified Health Center and Rural Health Clinic services from coverage under the Medicaid Act;
2. Pursuant to the Ninth Circuit's ruling, Defendants, its agents, servants, employees, attorneys, successors, and all those working in concert with them, are permanently enjoined from 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 reimburse FQHCs and RHCs in the manner described in 42 U.S.C. § 1396a(bb);
3. Pursuant to the stipulation between the parties, defendant, California Department of Health Care Services, shall pay plaintiffs their attorneys' fees and costs in the total amount of $325, 000.00.
4. The Court finds that no just reason exists for delay in entering this Stipulated Judgment and Order. Accordingly, the Clerk is hereby directed to immediately enter this Stipulated Judgment and Order.
7. This Stipulated Judgment and Order is binding against Defendants, their successors in office, and their respective officers, agents and employees, and all others acting in concert with them.
SIGNATURES OF THE PARTIES
JUDGMENT AND ORDER
IT IS SO ADJUDGED AND ORDERED.