Judge Wingate grants Blue Cross/Blue Shield TRO request - WALB.com, South Georgia News, Weather, Sports

Judge Wingate grants Blue Cross/Blue Shield TRO request

JACKSON, MS (Mississippi News Now) -

U. S. District Judge Henry Wingate has granted Blue Cross/Blue Shield's request for a Temporary Restraining Order, preventing Governor Phil Bryant's executive order, requiring BCBS to reinstate 10 Mississippi hospitals to its network.

David Kaufman, attorney for BCBS said, "We believe and I think the judge has concluded that our constitutional rights were violated by forcing Blue Cross to continue to contract with a party whose contract they had terminated and it in affect nullifies the termination provision in the contract."

Bryant's order was due to go into effect Tuesday. Judge Wingate, who held a hearing on the TRO last Friday, has set another hearing for November 5.

Judge Wingate said the ruling does not mean he believes the governor's executive order was legally flawed. However, he wants to see the proof to back up the action that was taken. Wingate said wants more time for both sides to flesh out the facts in a full hearing.

The governor issued an executive order last week, ordering BCBS to reinstate the 10 HMA hospitals by Tuesday, October 29. BCBS, along with Insurance Commissioner Mike Chaney,  asked the court to set aside Bryant's order.

Chaney's is continuing the investigation into the effects of leaving the hospitals out of Blue Cross' network. The insurance company isn't disputing that closer look.

"We're confident that when he concludes that examination, he will determine that the network is adequate as Blue Cross has," said Kaufman.

Both sides are now preparing witnesses for the November 5 hearing date.

"This is certainly part of the legal process, said Bryant spokesman Mick Bullock. "The Governor will evaluate the court's ruling and will continue to work with Attorney General Jim Hood to resolve this matter."

Copyright 2013 MSNewsNow. All rights reserved.

  • More WALB News10 HeadlinesMore News HeadlinesMore>>

  • Early County prepared for flash flood watch

    Early County prepared for flash flood watch

    Sunday, May 27 2018 11:38 PM EDT2018-05-28 03:38:44 GMT
    Commissioner Jeffery Haynes said Early County is ready to respond in case weather get's worst. (Source: WALB)Commissioner Jeffery Haynes said Early County is ready to respond in case weather get's worst. (Source: WALB)
    Commissioner Jeffery Haynes said Early County is ready to respond in case weather get's worst. (Source: WALB)Commissioner Jeffery Haynes said Early County is ready to respond in case weather get's worst. (Source: WALB)

    County leaders Early County are keeping an eye on the flood watch...preparing for the worst.  The county's EMA Director has been watching the weather closely since Thursday in preparation for the storm.  

    More >>

    County leaders Early County are keeping an eye on the flood watch...preparing for the worst.  The county's EMA Director has been watching the weather closely since Thursday in preparation for the storm.  

    More >>
  • Bainbridge resident walks dog in shorts and isn't worried about Alberto

    Bainbridge resident walks dog in shorts and isn't worried about Alberto

    Sunday, May 27 2018 11:38 PM EDT2018-05-28 03:38:29 GMT
    Joe Livingston and his dog, Peaches, walks down the street in shorts during potential severe weather. (Source: WALB)Joe Livingston and his dog, Peaches, walks down the street in shorts during potential severe weather. (Source: WALB)

    Steady rain has been falling in Decatur County, as well as the rest of Georgia, that could lead to potential flooding.  But some residents aren't worried about Alberto.  Joe Livingston of Bainbridge was seen walking his dog, Peaches, in shorts.  

    More >>

    Steady rain has been falling in Decatur County, as well as the rest of Georgia, that could lead to potential flooding.  But some residents aren't worried about Alberto.  Joe Livingston of Bainbridge was seen walking his dog, Peaches, in shorts.  

    More >>
  • FIRST ALERT: Subtropical Storm Alberto gets stronger

    FIRST ALERT: Subtropical Storm Alberto gets stronger

    Sunday, May 27 2018 10:29 PM EDT2018-05-28 02:29:36 GMT
    Subtropical storm Alberto will bring rain to Southwest Georgia the rest of this week and into next week. (Source: WALB)Subtropical storm Alberto will bring rain to Southwest Georgia the rest of this week and into next week. (Source: WALB)

    As Subtropical Storm Alberto heads to the Gulf coast, it has strengthened over the Gulf of Mexico. 

    More >>

    As Subtropical Storm Alberto heads to the Gulf coast, it has strengthened over the Gulf of Mexico. 

    More >>
Powered by Frankly