Nicholas

Nicholas v. Myers

Good Law
112 Cal. App. 3d 988·169 Cal. Rptr. 601·1980 Cal. App. LEXIS 2511
Court of Appeal of CaliforniaDecember 5, 1980Civ. 58822California1,377 words

Opinion

Opinion

Fleming, J.

Appeal from the superior court’s denial of a writ of mandate compelling the award of Medi-Cal benefits to Mary Olivarez. We affirm.

I

Medi-Cal, California’s Medicaid program, is a cooperative federal-state venture in which the state is partially reimbursed for sums expended for the medical care of individuals who qualify for assistance. ( 42 U.S.C. § 1396 et seq.; Welf. & Inst. Code, § 14000 et seq.) In order to receive the federal funds, participating states must comply with various federal statutes and regulations. (42 U.S.C. § 1396a.) Among other things, the states must provide benefits to persons (the categorically needy) who are receiving or are eligible for cash (welfare) benefits under either the aid to families with dependent children program (AFDC) or the supplemental security income for the aged, blind, and disabled program (SSI). (42 U.S.C. § 1396a(a)(10)(A).) States which choose to do so may also provide benefits to persons (the medically needy) who, although otherwise qualified for AFDC or SSI, are ineligible for those programs due to excessive incomes or resources. (42 U.S.C. § 1396a(a)(10)(C).) California included the “medically needy” in its Medi-Cal…

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