Opinion
17 CIVIL 7694 (JGK)
09-25-2020
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 24, 2020, Pursuant to the Court of Appeals' Opinion and Judgment dated July 20, 2020 and Mandate dated September 10, 2020, the Court hereby:
1. GRANTS summary judgment in favor of plaintiffs on their claims arising under the Supremacy Clause of the United States Constitution;
2. DECLARES that Defendant's Emergency and Permanent 2017 Plan Year Regulation and Plan Years 2018 and Thereafter Regulation, appearing as Sections 361.9 and 361.10 of Part 361 of Title 11, NYCRR, violate the Affordable Care Act and regulations thereunder, are preempted by federal law, and are null and void and unenforceable;
3. PERMANENTLY ENJOINS Defendant, or those acting in concert with Defendant, from enforcing or exercising the authority established by Defendant's Emergency and Permanent 2017 Plan Year Regulation and
Plan Years 2018 and Thereafter Regulation; andDated: New York, New York
4. DISMISSES without prejudice all of Plaintiffs' remaining claims, arising under the Fifth and Fourteenth Amendment to the United States Constitution, as moot.
September 25, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk