MEDICAID DEFENSE FUND BULLETIN FRIDAY 6/7/13

NINTH CIRCUIT GRANTS ONE MONTH TEMPORARY STAY, TO STOP 10% CUT TO PHARMACIES FROM GOING INTO EFFECT
Today's order means that recoupment is held up automatically for at least 21 days, plus another week.
The additional week is the time it takes, after briefs are received from the State and the U.S.A., for the appeals Panel to decide to grant or deny our MDF motion, joined in by all plaintiffs in the AB 97 10% cut cases, to stay the reversal, by the Ninth Circuit, of the injunction MDF obtained in December 2011, which stopped the 10% payment cut. The lead case is Managed Pharmacy Care v. Sebelius, led by Gary Ellis and his board. In the meanwhile, MDF is preparing our Petition to the U.S. Surpreme Court, to set aside the disastrous decision of the Ninth Circuit, which approved the 10% cut. Our Petition must be filed by August 22, 2013. Now, more than ever, it is important to support Medicaid Defense Fund. To support MDF please make your tax-deductible contributions payable to, and send to: Medicaid Defense Fund 404 San Anselmo Ave. San Anselmo, CA 949601 Sincerely, Lynn S. Carman CEO, Medicaid Defense Fund *************************************** FACTS YOU SHOULD KNOW It was Medicaid Defense Fund that filed and won injunctions which stopped the following pharmacy payment cuts: - 10% cut of AB 5 (2008) - 5% cut of AB 1183 (2009) - MAIC cut of AB X4 5 (2010) - Upper Billing Limit cut of AB X4 5 (2010) - 10% cut of AB 97 (obtained by MDF on 12/28/11) in the Medi-Cal fee-for-service program.

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