COA dismisses improperly filed preliminary injunction motion

The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.

The fraud control unit opened a criminal investigation to enforce a subpoena duces tecum against PMRC after receiving numerous complaints about prescriptions issued by PMRC and its billing practices. It demanded the complete medical records of PMRC’s patients seen on six dates, as well as 80 other patients. PMRC field a motion for preliminary injunction, saying the unit did not have statutory and constitutional authority to conduct the investigation. The trial court denied the order without a hearing, and PMRC appealed.

The COA said the trial court’s denial of PMRC’s motion was not a final judgment, but there was more than that. PMRC should have challenged the subpoena under Criminal Rule 2, which permits a party to quash or modify the subpoena if it is unreasonable and oppressive. It instead ignored the subpoena and moved for preliminary injunction against the state, which is not the correct way to challenge a subpoena.

The case is Pain Medicine and Rehabilitation Center and Anthony Alexander, M.D. v. State of Indiana, 36A01-1508-CR-1107.

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