United States First Circuit
First Med. Health Plan, Inc. v. Vega-Ramos, 06-1514
Preliminary injunction ordering the executive director of the Administraci-n de Servicios de Salud de Puerto Rico to permit a health insurance provider to participate in a prescription drug program is vacated where: 1) Puerto Rico Law 72 was not preempted by 42 U.S.C. section 1395w-26(b)(3) since application of the law in the circumstances of the case did not set a standard for the operation of a Medicare Advantage plan operating under Medicare; and 2) a state may exclude an entity from its Medicaid program for any reason established by state law. Denial of defendant's motion to dismiss for failure to state a claim is reversed and remanded with instructions to dismiss.
Appellate Information
- Decided 02/22/2007
- Published 02/22/2007
Judges
- HOWARD, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD Circuit Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Lizzie M. Portela, for appellant.
- For Appellees:
- Richard W. Siehl with whom Baker & Hostetler LLP, Alberto G. Estrella, Kenneth C. Suria and William Estrella Law Offices, PSC, were on brief, for appellee.