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PHARMACEUTICAL RESEARCH & MANUFACTURERS OF AMERICA v. DEPT. OF COMMUNITY HEALTH

Docket No. 238862.

657 N.W.2d 162 (2002)

254 Mich. App. 397

PHARMACEUTICAL RESEARCH & MANUFACTURERS OF AMERICA, Plaintiff-Appellee, and T.G., P.C. by her guardian and next friend, H.C., D.H., Alliance for Mentally Ill of Michigan, Mental Health Association of Michigan, Michigan Association for Children With Emotional Disorders, and Michigan Protection and Advocacy Services, Inc., Intervening Plaintiffs-Appellees, v. DEPARTMENT OF COMMUNITY HEALTH, Defendant-Appellant, and AARP, The Seniors Coalition, Washington Legal Foundation, and Allied Educational Foundation, Amici Curiae.

Court of Appeals of Michigan.

Decided December 13, 2002, at 9:05 a.m.

Released for Publication February 20, 2003.

Attorney(s) appearing for the Case

Williams Mullen (by Robert A. Marsac and Lisa A. Robinson), Detroit, for Pharmaceutical Research and Manufacturers of America.

Mark A. Cody and Susan K. McParland, Lansing, Southfield, for T.G. and other intervening plaintiffs.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Erica Weiss Marsden, Assistant Attorney General, for Department of Community Health.

Jack A. Vande Bunte, Bruce Vignery, Sarah Lenz Lock, and Michael Schuster, Jenison; Washington, DC, for AARP.

Daniel J. Popeo and Richard A. Samp, Washington, DC, for Washington Legal Foundation and Allied Educational Foundation.

Ronald D. Maines and Alison E. Hirschel, Ann Arbor, for The Seniors Coalition.

Before: MARKEY, P.J., and CAVANAGH and R.P. GRIFFIN, JJ.

PER CURIAM.

Defendant, the Michigan Department of Community Health (DCH), appeals by leave granted the trial court's issuance of a preliminary injunction against implementation of a prescription drug rebate and preauthorization policy. We reverse.

The DCH administers Medicaid and non-Medicaid programs that provide prescription drug coverage for eligible Michigan residents. Under the Medicaid program, the federal government and the state share responsibility...

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