CCN MANAGED CARE, INC. v. SHAMIEH (W.D.La. 11-2-2009)

JAMES TRIMBLE JR., District Judge

Pursuant to the Memorandum Ruling of this date,

IT IS ORDERED, ADJUDGED AND DECREED that the motion for permanent injunction (doc. #157) is hereby GRANTED; pursuant to the Anti-Injunction Act and the All Writs Act, defendants, Dr. Fayez Shamieh, AMC, Southwest Louisiana Hospital Association, d/b/a Lake Charles Memorial Hospital, Lake Charles Memorial Physician Hospital Organization, England-Masse Clinic, Dr. R. Dale Bernauer, Dr. Kevin Gorin and Dr. Lynn Foret are hereby PERMANENTLY ENJOINED from re-litigating in any court or administrative agency in the State of Louisiana against CCN Managed Care, Inc. and/or its "authorized payors" the issues of (1) whether or not the CCN Provider Agreements are valid and enforceable because there are no prohibitions in the Louisiana Workers' Compensation law that prevent a provider from agreeing to charge and receive discounted rates for the services they provide to occupationally ill or injured workers, and (2) whether or not CCN Managed Care, as a group purchaser, or such agreements of CCN are exempt from the notice provisions required by Louisiana Revised Statute 40:2203.1.

IT IS FURTHER ORDERED that the motion for oral argument (doc. #160) is hereby DENIED, as the Court finds that it is not necessary.

THUS DONE AND SIGNED in Chambers at Lake Charles, Louisiana.