University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name California Association For Health Services At Home v. Shewry PB-CA-0017
Docket / Court 2:08-cv-07045-CAS-MAN ( C.D. Cal. )
State/Territory California
Case Type(s) Public Benefits / Government Services
Case Summary
On October 24, 2008, an association of home health care providers brought this complaint in the U.S. District Court for the Central District of California against the Director of the Department of Health Care Services of the State of California. The plaintiff sought to enjoin the Director from ... read more >
On October 24, 2008, an association of home health care providers brought this complaint in the U.S. District Court for the Central District of California against the Director of the Department of Health Care Services of the State of California. The plaintiff sought to enjoin the Director from implementing state legislation reducing payments to home medical service providers under California's Medi-Cal program by ten percent. Plaintiff argued that the ten percent rate reduction violated Title XIX of the federal Social Security Act (the Medicaid Act), 42 U.S.C. § 1396 et seq., and was therefore invalid under the Supremacy Clause. The plaintiff sought declaratory judgment under 42 U.S.C. § 2201.

The Director moved to stay the action or continue the hearing on the plaintiff's motion for preliminary injunction and extending time to respond to the two new related cases. On November 3, 2008, Judge Christina A. Snyder ordered this case and two related cases stayed in their entirety until further notice.

On June 1, 2011, this case was ordered removed from the list of active cases of the Central District of California. It was further ordered that counsel file a joint report detailing the status of the case every quarter until the action was reactivated or a stipulation for dismissal was filed.

David Priddy - 10/04/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) State of California
Plaintiff Description A California nonprofit corporation that represents home health agencies, home care aide organizations, home medical equipment providers, home infusion pharmacy providers, and interdisciplinary professional service organizations
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing PB-CA-0016 : Independent Living Center of Southern California v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0018 : California Medical Transportation Association, Inc. v. Shewry (C.D. Cal.)
PB-CA-0019 : Managed Pharmacy Care v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0020 : California Pharmacists Association v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0021 : California Medical Association v. Shewry (C.D. Cal.)
PB-CA-0022 : California Hospital Association v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0023 : Sierra Medical Services Alliance v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0024 : National Association of Chain Drug Stores v. Schwarzenegger (C.D. Cal.)
PB-CA-0025 : California Hospital Association v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0026 : Development Services Network v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0027 : California Association of Health Facilities v. Maxwell-Jolly; Development Services Network v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0028 : California Pharmacists Association v. Maxwell-Jolly (C.D. Cal.)
Docket(s)
2:08-cv-07045 (C.D. Cal.) 11/28/2011
PB-CA-0017-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunction and Declaratory Relief 10/24/2008
PB-CA-0017-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Re: Respondent's Ex Parte Application for Order Staying the Action and the Two New Related Cases or, in the Alternative, Continuing Hearing on Petitioners' Third Motion for Preliminary Injunction 11/03/2008 (C.D. Cal.)
PB-CA-0017-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Nagle, Margaret A. (C.D. Cal.) [Magistrate]
PB-CA-0017-9000
Snyder, Christina A. (C.D. Cal.)
PB-CA-0017-0002 | PB-CA-0017-9000
Monitors/Masters None on record
Plaintiff's Lawyers Carman, Lynn S. (California)
PB-CA-0017-0001 | PB-CA-0017-9000
Friedman, Stanley Lester (California)
PB-CA-0017-0001 | PB-CA-0017-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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