Bonta

Appellants allege that written and unwritten policies, procedures and guidelines of the state Department of Health Services interpreting federal and state statutes relating to the Medicaid program, which the department administers, constitute regulations within the meaning of the Administrative Procedure Act (Gov. Code, § 11340 et seq.) (APA) and are therefore void because they were not promulgated in accordance with the APA. The trial court disagreed and granted summary judgment for the department. We agree with appellants that the department failed to dispositively demonstrate the absence of a triable issue of material fact or that appellants’ claim lacks legal merit. Accordingly, we shall reverse the judgment.

I. Factual and Procedural Background

This litigation was commenced by California Advocates for Nursing Home Reform (CANHR), a California not-for-profit corporation which advocates on behalf of individuals eligible for benefits under the federal Medicaid program and their families, and Patricia McGinnis, the executive director of CANHR (collectively appellants), against Diana M. Bonta, the Director of the State Department of Health Services, as well as other…