State ex rel. Home Care Pharmacy, Inc. v. Creasy

While relators’ complaint raises the issue of claims remaining unpaid from the prior fiscal crisis, no evidence has been provided to this court which supports a finding that any claims remain unpaid.

Essentially, relators argue since the prioritizing practice resulted in delayed payments during the prior fiscal crisis, that its implementation now, or in the future, will again result in delayed payments. Relators request issuance of a writ of mandamus requiring respondents to comply with Section 1396a (a)(37), Title 42, U. S. Code, and 42 C.F.R. 447.45(d), to insure that payments will not be…