Monday, October 28, 2013

Blue Cross wins. (Updated)

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:

Anonymous said...

Not on PACER yet. Maybe later tonight.

Anonymous said...

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.

Not Representive Harper said...

'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.

Anonymous said...

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.

Anonymous said...

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...

Anonymous said...

A 'non-profit' insurance company is like a 'logical democrat'. Show me one.

NMissC said...

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.

Lloyd said...

Looks like King Phil needs to find some better legal advice before he starts issuing Kingly decrees to his subjects.

Anonymous said...

No way the Governor ever takes the stand to offer "evidence" and be subject to cross examination .Book that one

Anonymous said...

What Phil did was really dumb;must be some money somewhere.

Anonymous said...

How did Brandon Presley slip into morbid obesity?

Anonymous said...

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.

Anonymous said...

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?

Anonymous said...

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.

Kingfish said...

Freeland has linked my Blue Cross HMA coverage several times.

Anonymous said...

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!

Anonymous said...

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!!!

Anonymous said...

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!"

Anonymous said...

Open records benefits all. No? Too obvious?

Anonymous said...

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.

Anonymous said...

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?

Anonymous said...

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.

Anonymous said...

"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.

Anonymous said...

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.

Anonymous said...

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.

Anonymous said...

I'm an anonymous attorney too! On the side I'm also an anonymous brain surgeon.

Anonymous said...

"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.

Anonymous said...

"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.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.