Florida Med. Ass’n v. Dep’t of Health, Education & Welfare, Case No. 3:78-cv-178-J-34MCR, 2011 BL 248497 (M.D. Fla. Sept. 26, 2011) In 2007, Jennifer Alley, the owner of Real Time Medical Data, L.L.C. (RTMD), sued the U.S. Department of Health and Human Services (HHS) to compel HHS to disclose Medicare claims data which included identifying information about individual providers. The U.S. District Court for the Northern District of Alabama ordered HHS to disclose the claims data but the Eleventh Circuit reversed, based on an injunction issued in 1979 that permanently enjoined HHS from disclosing annual Medicare reimbursement amounts in any manner that would permit the individual idenfitication of Medicare providers. In 2010, Dow Jones & Company, Inc., which was also seeking access to claims data, entered into a settlement agreement with HHS in which HHS agreed to provide Dow Jones with limited access to claims data. In 2011, Dow Jones filed a motion to reopen Florida Med. Ass’n v. Dep’t of Health, Education & Welfare, 479 F. Supp. 1291 (M.D. Fla. 1979), and a motion to intervene in that case in order to vacate the injunction. Dow Jones also sought to file cross-claims and counter claims against HHS. Also in 2011, Alley and RTMD filed a motion to intervene in the 1979 case in order to vacate the Injunction. Alley and RTMD also sought to file cross-claims and counter claims against HHS. The court granted Dow Jones’s motion to reopen the 1979 case and granted the motions to intervene made by Dow Jones, Alley, and RTMD. The court denied the cross-claims and counter-claims made by Dow Jones, Alley, and RTMD after holding that the only appropriate procedural vehicle for seeking vacatur of the Injunction was a motion for relief from a final judgment.
Parties May Intervene in 1979 Case
No Counter-Claims and Cross-Claims
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