Bonta

Children's Hospital & Medical Center v. Bonta

Caution
118 Cal. Rptr. 2d 629·2002 Cal. App. LEXIS 3966·2002 Daily Journal DAR 4045·97 Cal. App. 4th 740·2002 Cal. Daily Op. Serv. 3243
Court of Appeal of CaliforniaApril 15, 2002A094061California17,455 words

Opinion

Opinion

Kline, J.

Respondents, 11 out-of-state hospitals that have provided services to California residents covered by the Medi-Cal program, commenced this action against appellants, Director of the state Department of Health Services, and the department itself (collectively DHS or Department), claiming that the difference between the reimbursement of in-state and out-of-state hospitals for costs incurred in the treatment and care of MediCal beneficiaries violated not just state and federal laws but the commerce clause (U.S. Const., art. I, § 8, cl. 3) and equal protection provisions of the federal and state Constitutions. The trial court agreed with respondents, awarded damages, and granted respondents prejudgment interest and attorney fees. We shall lower the amount of prejudgment interest allowed but otherwise affirm the judgment.

Statement of the Case and Facts

The state Medi-Cal program effectuates the federal Medicaid program established under title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.) (the Medicaid Act), which authorizes the payment of federal funds to states to defray the cost of providing medical assistance to low-income persons. (See Rite Aid of…

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