K-V v. State of Georgia: District Court Order Granting K-V's Preliminary Injunction

This is how the district court concluded:

The defendants’ motion to stay [Doc. No. 14] is DENIED. With regard to the motion for preliminary injunction, that court has found that the plaintiffs established (1) a likelihood of success on the merits and (2) that they would suffer irreparable injury without an injunction. Additionally, the court found that there was no injury to the defendants that outweighed the potential injury to the plaintiffs and that the injunction did not disserve public policy. Therefore, the plaintiffs’ motion for preliminary injunction [Doc. No. 2] is GRANTED.
The plaintiffs are required to post security either as a surety bond filed with and approved by the Clerk of Court for the amount of $1 million or a cash bond in the amount of $1 million paid into the Registry of the Court.
Upon posting of bond by the plaintiffs, the defendants SHALL BE ENJOINED from:
(1) further implementing DCH’s prior authorization policy to the extent that the policy favors CHC over Makena®; and
(2) denying Medicaid coverage for a prescription for Makena® made by a health care provider for its indicated use.
Upon posting of bond by the plaintiffs, the defendants SHALL BE REQUIRED to: Case 1:12-cv-02491-CAP Document 30 Filed 08/09/12 Page 12 of 13
13
(1) provide written notice to affected individuals via weekly banner messages and the Web that DCH’s prior authorization policy favoring CHC over Makena® is no longer in effect;
(2) provide written notice to affected individuals via weekly banner messages and the Web of the new prior authorization policy for Makena®; and
(3) only cover and pay for compounded hydroxyprogesterone caproate in the event that the treating physician documents that the patient has a specific medical need for a compounded variation over Makena®.

To read the entire order written by Federal District Court Judge Charles A. Pannell, Jr., click  here.