Natalie D. v. State Department of Health Care Services

Good Law
159 Cal. Rptr. 3d 497·2013 Cal. App. LEXIS 567·2013 D.A.R. 9425·217 Cal. App. 4th 1449·2013 WL 3777076
Court of Appeal of CaliforniaJuly 18, 2013G047100California2,744 words

Opinion

Opinion

Moore, J.

Appellant Natalie D. was bom with cerebral palsy and arthrogryposis, a severe congenital orthopedic disorder involving a general stiffness of joints. Since birth, she has been eligible to receive state-funded therapy through California Children’s Services (CCS). Natalie’s mother (Mother) paid for Natalie to receive physical therapy, including hippotherapy, from private companies. She then applied to CCS to pay for the therapy Natalie was receiving from private companies. CCS refused, but offered to provide Natalie two 30-minute physical therapy sessions a week for six months. An administrative law judge upheld CCS’s decision. Mother, as Natalie’s guardian ad litem, filed a petition for a writ of administrative mandate in the superior court, naming CCS and the State Department of Health Care Services (DHCS) as respondents. The superior court denied the petition. We affirm and conclude hippotherapy is not covered by CCS. Hippotherapy is not a medically necessary treatment as the benefit provided by hippotherapy can be obtained from other treatments received in a gym. We also conclude the services provided by the private companies selected by Mother do not meet the criteria…

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