Stockdale

Introduction

Defendants California Health and Welfare Agency, James Stockdale, Acting Secretary of the Agency, State Department of Finance, and Kenneth Kizer, Director of the Department, appeal the issuance of a preliminary injunction by the Alameda County Superior Court, enjoining appellants “from denying Medi-Cal coverage of root canal treatments and laboratory processed crowns on posterior teeth of adult Medi-Cal recipients unless the requested treatment is not medically necessary or there is a less costly, alternative service that meets the patient’s medical needs.” At issue in this appeal are certain regulations issued by the agency denying coverage for the above treatments (Cal. Code Regs., tit. 22, § 51307, subd. (d)(4), (5)) and whether such provisions are contrary to coverage provided under the MediCal Benefits Program (Welf. & Inst. Code, § 14000 et seq.) for “[ejmergency and essential diagnostic and restorative dental services . . . .” (Welf. & Inst. Code, § 14132, subd. (h).)

We conclude the challenged regulations are contrary to the intent and language of the statute and so affirm the judgment of the superior court.

Statement of Facts

Respondent Jane…