Shewry

The State Department of Health Services and its Director, Sandra Shewry (the Department), challenge a writ of mandate and various orders issued by the trial court ordering the Department to operate its Child Health & Disability Prevention Gateway program (the Gateway program) in a particular manner, as being without any statutory or legal authority. At issue is whether the Department had a clear, present, and ministerial duty to: (1) refrain from terminating the benefits of the Gateway program enrolled infants without a prior redetermination of eligibility; (2) take actions to identify infants entering through the Gateway program who could be deemed eligible for Medi-Cal; or (3) “reinstate” Medi-Cal benefits to infants whose presumptive eligibility period has ended. Finding no clear, present, and ministerial duty justifying the issuance of the writ and related orders, we reverse.

BACKGROUND

This appeal involves the manner in which an infant’s eligibility for medical benefits is established under federal and state law. Title XIX of the Social Security Act (42 U.S.C. §§ 1396—1396s), commonly known as Medicaid, is a cooperative federal-state program designed to provide…