Opinion
Civil No. 03-1640(JAG).
November 1, 2004
ORDER
Having reviewed Magistrate Judge Gelpí's Report and Recommendation (Docket No. 63), as well as the Defendant's Objections thereto (Docket No. 77) and Plaintiff's Response (Docket Nos. 80 and 81), the Court hereby ADOPTS the same.
As did Magistrate Judge Gelpí, this Court also concludes that defendant has failed to issue to plaintiffs quarterly payments in violation of the federal Medicaid statute, 42 U.S.C. § 1396(a)(bb)(1)-(3). Thus, plaintiffs are entitled to a preliminary injunction ordering defendant to promptly implement the "wraparound" payment system required by 42 U.S.C. § 1396a(bb)(5).
In light of the above, the Court hereby ORDERS the following:
i. Defendant shall, on or before November 30, 2004, fully implement its "wraparound" payment system, so as to fully comply with the FQHC requirements of the Medicaid statute, for the purpose of providing such payments thereunder to plaintiffs.
ii. The defendant shall certify to the Court no later than November 30, 2004, that its "wraparound" payment plan is in effect.
iii. On or before December 10, 2004, defendant shall pay to the appearing plaintiffs which are currently operating all pending supplemental payments for 2004.
iv. Costs and attorney fees are awarded to plaintiffs
This Court hereby announces that this order will not be stayed.
IT IS SO ORDERED.