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Blue Cross and Blue Shield of Alabama v. Unity Outpatient Surgery Center

July 16, 2010

BLUE CROSS AND BLUE SHIELD OF ALABAMA, ET AL., PLAINTIFFS,
v.
UNITY OUTPATIENT SURGERY CENTER, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Terry J. Hatter, Jr. U.S. District Judge

CONSENT ORDER TO INJUNCTIVE RELIEF

WHEREAS, Defendant Gordon Merrick and Plaintiffs have settled the dispute herein as between them, and

WHEREAS, as part of that settlement, Defendant Merrick has agreed to the entry of the injunctive relief set forth herein,

IT IS HEREBY DECREED AND ADJUDGED as follows: Defendant Merrick is hereby permanently enjoined from assisting in any way to establish, or to obtain accreditation for, or to operate, or to help manage, any health care facility, including any outpatient surgery center,

(a) where the actual control or beneficial interest in the facility belongs to any person or entity other than the formal or record owner of the facility, or where the beneficial owner of the facility is otherwise hidden; or

(b) that is owned, operated, managed or controlled, in whole or in part, by Defendant Perry Pham or by Defendant Tom Vu; or

(c) that obtains patients by means of offering any compensation, including free or discounted cosmetic surgery, to them in exchange for submitting to procedures; or

(d) that obtains patients by means of paying anyone, per patient or per procedure or based on the money made on the patient, for bringing patients to the facility.

Dated: July 12, 2010

20100716

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