Federal Court Order On Disclosure of Medicaid Managed Care Treatment Guidelines

OSCAR SALAZAR, et al., Plaintiffs, :
DISTRICT OF COLUMBIA, et al., Defendants. :
Upon consideration of the Motion of Non-Parties HSCSN and MHS to Reconsider the Court?s Order grantingPlaintiff?s [sic] Motion to Compel and to StayPending Reconsideration and Non-Parties? Motion for Protective Order, the Oppositions, the Replies, and the lengthy history of this case, it is hereby
ORDERED, that the Motion for Reconsideration is granted in part and denied in part; and it is further
ORDERED, that the Motion for Protective Order is granted in part and denied in part; and it is further 
ORDERED, that Non-Party HSCSN and MHS, and/or the Defendants, shall, within 10 business days from the date of this Order, provide to Plaintiffs the InterQual® Clinical Decision Support Criteria (?the Criteria?); and it is further
ORDERED, that Plaintiffs shall not publish the Criteria in any publicly accessible form, such as books, magazines, professional journals, the Internet, etc.; and it is further

ORDERED, that Plaintiffs? counsel shall exercise reasonable care to avoid anypublication of the Criteria in the fashion described in the preceding paragraph and to ensure that the Criteria are used only for the purposes specified herein; and it is further
ORDERED, that Plaintiffs shall limit their use and disclosure of the Criteria to monitoring compliance with Paragraph 36 of the Settlement Order of March 27, 1997, and to representing individual class members who have come to them regarding the provision of home health care, private dutynursing, and personal care services provided bythe Medicaid statute to children eligible for EPSDT services; and it is further
ORDERED, that anypapers filed with the Court containinganyportion of the Criteria shall be filed ?under seal.?
November 12, 2010 /s/ 
Gladys Kessler
United States District Judge
Copies via ECF to all counsel of record

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