A federal judge has rejected a request for a preliminary injunction to block an Arkansas law that prohibits registered sex offenders from receiving Medicaid funds.
U.S. District Judge Billy Roy Wilson issued the ruling Thursday denying the request by Dr. Lonnie Joseph Parker while Parker challenges the constitutionality of the law that was approved by the state Legislature earlier this year and took effect Aug. 16.
Parker was convicted in 2000 of possessing child pornography, but has long maintained his innocence. He had his medical license reinstated in 2005 and argues that the prohibition would effectively put him out of business since most of his patients are on Medicaid.
State officials argue that the law serves the public's interest and that Parker could still practice medicine despite the ban. ..Source.. KNOE.com
Federal judge denies injunction against Arkansas ban on Medicaid funds for sex offenders
An Arkansas doctor who was convicted of child pornography offenses failed in his attempt Thursday to get a judge to issue a temporary injunction that would allow him to receive Medicaid funds.
Dr. Lonnie Joseph Parker sued after the Arkansas Legislature passed a law this year that bars registered sex offenders from drawing payments under the Medicaid insurance program for the poor. He had sought a temporary injunction to block enforcement of the law while his lawsuit proceeds.
Parker, who practices in Hope, was convicted in 2000 of possessing child pornography, but he has long maintained his innocence and claimed he obtained the images because he was helping law enforcement. He unsuccessfully appealed his conviction and served more than four years in prison.
The Arkansas Medical Board reinstated Parker's license to practice in 2005. Parker argued in court papers that the prohibition would effectively put him out of business because most of his patients are on Medicaid.
State officials argue that the law serves the public's interest and that the ban on tapping Medicaid funds would not block Parker from practicing.
U.S. District Judge Billy Roy Wilson filed a 28-page order on Thursday, rejecting the injunction.
"The nature of some of his child pornographic photos and the fact that he would be working with young children if his motion were granted is too strong for me," Wilson wrote.
The ruling notes that Parker possessed images of young children being sexually abused and otherwise defiled.
Parker's attorney, John McNairy Hardy of Little Rock, reiterated Parker's argument that he is innocent.
"I haven't had time to thoroughly analyze Judge Wilson's order, and of course I am very disappointed. I'm also saddened for Dr. Parker, who is innocent of the crime for which he was convicted," Hardy said in an email to The Associated Press.
"We have no plans to appeal (Wilson's order) at this time, but do intend to continue with this case," Hardy wrote.
Parker's lawsuit challenges the constitutionality of the state law, which went into effect on Aug. 16.
"Parker has not convinced me by the greater weight of the evidence that one who possesses child pornography of a sadistic nature does not pose a danger to children of tender years," Wilson wrote.
The judge wrote that it is possible additional evidence could come up at the final hearing that could change his mind.
"But, for the time being, I conclude that (Parker's request) should be, and hereby is, denied," Wilson wrote.
Legislators approved the Medicaid restriction after an audit revealed that Parker had received more than $489,000 in payments from the program. ..Source.. by CHUCK BARTELS
And how, exactly, does this ban "serve the public interest?" It gets harder every day to find providers who will accept Medicaid patients. So now the state is barring ones who still will. I guess that's just another tool for the obsessed right who want to eliminate Medicaid altogether.
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