Department of Health Services v. Superior Court

Introduction

In 1965, Congress established the federal Medicaid program, “a cooperative federal-state health benefits assistance program designed to provide necessary medical services to low income persons. Title XIX of the Social Security Act, codified at 42 U.S.C. § 1396 et seq. (‘the Act’); see also Schweiker v. Gray Panthers, 453 U.S. 34, 36-37 , 101 S.Ct. 2633, 2636-2637 , 69 L.Ed.2d 460 (1981). State governments principally administer the program, and in so doing must abide by the requirements of the Act to qualify for receipt of federal Medicaid funds. Beltran v. Myers, 701 F.2d 91, 92 (9th Cir.), cert, denied sub nom., Rank v. Beltran, 462 U.S. 1134 , 103 S.Ct. 3115 , 77 L.Ed.2d 1369 (1983). California participates in the Medicaid program through its California Medical Assistance Program (‘Medi-Cal’), which provides medical services to aged, disabled, and needy persons. Cal. Welf. & Inst. Code §§ 14005.1 , 14050.1, 14051 . . .; see generally Lynch v. Rank, 747 F.2d 528 (9th Cir. 1984), modified, 763 F.2d 1098 (9th Cir. 1985).” (Citizens Action League v. Kizer (9th Cir. 1989) 887 F.2d 1003, 1005 .)

At the federal level, the Secretary of Health and Human Services…