Community Pharmacies of Indiana, Inc. v. Indiana Family and Social Services Administration

ENTRY ON EMERGENCY MOTION FOR STAY/INJUNCTION PENDING APPEAL

TANYA WALTON PRATT, District Judge.

This matter is before the Court on Plaintiffs’ “Emergency Motion for Stay/Injunction Pending Appeal” following the Court’s decision denying Plaintiffs’ request for a preliminary injunction. Recently, Defendants (collectively, the “State”) used an emergency rulemaking procedure to lower the “dispensing fee” reimbursed to pharmacies for filling Medicaid prescriptions from $4.90 to $3.00 — a 38% decrease (the “Fee Reduction”). The Fee Reduction went into effect on July 1, 2011, and this lawsuit…