Just got word Blue Cross got its TRO. Hearing scheduled next Tuesday for deciding whether to issue a permanent injunction. Both sides to exchange witness lists. Its a weird ruling. Here is the entry in Pacer:
Evidentiary Hearing held on 10/28/2013. This Court GRANTED [4] Motion for Temporary Restraining Order filed by Blue Cross Blue Shield of MS; however, the court is not holding that the executive order was legally flawed. The court has scheduled a hearing for November 5 at 9:00 a.m. for the parties to present evidence and testimony on the basis of this lawsuit. Plaintiff's counsel shall provide the court with a list of their witnesses to be called at the Nov 5 hearing by October 29; and defense shall provide their list of witnesses by October 30. A Conference Call was set for October 30 at 3:00 p.m. for a status report prior to the November 5 hearing.
The order is not flawed but he is issuing a TRO. However, it became clear at the hearing Friday Judge Wingate would probably grant the TRO when he kept asking the same questions of the Governor's lawyers. Judge Wingate seemed to have a problem with:
1. No notice given to Blue Cross
2. Blue Cross had no chance to present its case or defend itself.
3. The Governor didn't show evidence of any specific violations of state law
4. Did the Insurance Commissioner have the power to reinstate the six HMA hospitals to network status with Blue Cross.
Next week should be interesting.
Update: HMA issued the following statement:
We look forward to next Tuesday’s hearing and the opportunity to provide the Court more information, as requested. We agree with the Governor and Attorney General that patient access to health care is being harmed by Blue Cross Blue Shield’s decision to kick ten of the state’s leading hospitals out of their network. However, we will continue to attempt to work with Blue Cross Blue Shield of Mississippi to get all hospitals back in network. We appreciate the governor and attorney general fighting for patient access and to protect Mississippi’s local hospitals. We will continue to treat Blue Cross policy holders as if they are in network.
28 comments:
Not on PACER yet. Maybe later tonight.
The facts and law are not on HMA's side...that's why they're trying to win with billboards, pep rallies, and political contributions.
'For profit hospitals' might need some nonprofit help. Nonprofit insurance companies might need to expand into the acute care hospital business.
Its just an idea.
Facts and law are not on Feel's side. He needs to keep his hypocritical lizard boots out of disputes between private companies or else hush about Obamacare requiring people to buy insurance.
You mean our esteemed deputy sheriff dictator with his cheesy cowboy boots on got told he can't just order private industry to do what he tells them to do? He is sinking fast anymore...
A 'non-profit' insurance company is like a 'logical democrat'. Show me one.
there's a minute entry on pacer that is all we are going to get before November 6th. I've got details on my NMissCommentor blog.
Thanks to Kingfish for posting the docs on this one.
Looks like King Phil needs to find some better legal advice before he starts issuing Kingly decrees to his subjects.
No way the Governor ever takes the stand to offer "evidence" and be subject to cross examination .Book that one
What Phil did was really dumb;must be some money somewhere.
How did Brandon Presley slip into morbid obesity?
NMC spams here at JJ wanting to drive traffic to his website but nary even a peep at his place about KF's latest open records victory dislodging a copy of the Motorola settlement out of Precious Martin and the Hinds BOS.
Freeland must agree with both Martin's 'go to trial' gamesmanship and shakedown.
8:26, Freeland is in Oxford. Kingfish is in Jackson. Does that help, or do you need me to explain what counties those are in?
BCBS has real estate and buildings worth $53M and investments of over half a billion. They do a great job in administrative costs, putting the squeeze on docs, underwriting, and litigation. Why don't they pick up a few medical groups, clinics, and hospitals?
Freeland stays out of the metro area generally.
Freeland has linked my Blue Cross HMA coverage several times.
Several Freeland haters post here for some reason. It couldn't be that they have been banned over at NMC and probably at FOLO too back in the day? Anon fka BOTS tell us that's not you!
Wonder how the "pretend gov." "feels" now with egg all over his face??? Maybe the next time he will get his facts straight before he jumps into the deep water - Serves him right, dummy!!!
A TRO issued by this goofball judge does not equal a defeat. Some dumbass judge could probably even reverse the open carry law. Wait!
Judges are a dime a dozen when it comes to shopping for TROs and their chance to get a little publicity. They're like, "Pick ME! Pick ME!"
Open records benefits all. No? Too obvious?
3:35 AM - You are clearly not an attorney. US District Judges do not seek lime light nor is it easy to get a TRO especially when State/Federal issues are at hand. So the next time you wake up from your drunken stupor at 3:35 AM do the world a favor and click on pornhub rather than this link...everyone involved will be a winner.
HMA was still advertising this morning its "Thanks to Governor Bryant" message for stopping BCBS.
Apparently the ad buyers failed to follow the news and are unaware of the fact that BCBS does not have to contract with HMA.
Think Butler Snow will represent Bryant against the advertiser to see if Bryant can get his money back from that mistimed and incorrect ad?
With so many BCBS organizations sending out thousands of cancellation notices in other states, wonder why BCBS Mississippi hasn't sent theirs out. Probably bad PR to do it in the middle of this stuff. and leave NMC out of this, he is an excellent blogger.
"US District Judges do not seek lime light"
Ha! And we are supposed to believe YOU are a lawyer? I quit believing in the immaculate conception of the judiciary a good long while ago.
Good for BCBS. I am going to stay on the side of private insurance in hopes that one day we will be free Americans again and can buy private insurance.
9:06 - You are not bright.
The point of highlighting your lack of being an attorney was to demonstrate that your opinion was lacking in fact and experience...something easily ascertainable from your idiotic post.
Whether I am a lawyer or not is not relevant. I will attest however, I am an attorney and have lost and won TROs before this same Judge many times.
I'm an anonymous attorney too! On the side I'm also an anonymous brain surgeon.
"HMA was still advertising this morning its "Thanks to Governor Bryant" message for stopping BCBS.
Apparently the ad buyers failed to follow the news and are unaware of the fact that BCBS does not have to contract with HMA."
Maybe that's what my wife heard on the radio driving into work this morning. I told her the TRO was granted yesterday but she insisted she heard the governor forced BCBS to contract with HMA.
There are two paid ads on this very page (the JJ home page) that still say that, in fact.
"I'm an anonymous attorney too! On the side I'm also an anonymous brain surgeon."
I'm not, but I did stay in a Holiday Inn last night.
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