Kizer

Defendants/appellants State of California Director of Health Care Services, et al. (Department) appeal the granting of a judgment in favor of plaintiff/respondent California Association of Health Facilities (CAHF) and the issuance of the related peremptory writ of mandate.

In September 1982, the Legislature enacted Welfare and Institutions Code section 14132.25, effective January 1, 1983. As noted in footnote 2 below, this statute required the Department to establish a subacute care program in health facilities by July 1, 1983, and to develop a rate of reimbursement for the subacute care program. Though there is evidence that the Department began the process (Task Force meetings, suggested regulations, etc.), it has not complied with this statutory mandate to date.

On November 1, 1984, CAHF filed a petition for a writ of mandate (Code Civ. Proc., § 1085), arguing that the Department had a clear and present duty to establish a subacute care program, and that CAHF had a clear, present beneficial right to compel the Department to so act. It further asserted that public need was weighty since the patients who would benefit from this care, those who needed constant though…