In Re Anthony M.

This case raises the question whether victim restitution for medical expenses under Welfare and Institutions Code section 730.6 is based upon the amount charged by the medical provider or the amount actually paid by Medi-Cal when the provider is precluded from seeking the unpaid balance from the victim.

The juvenile court ordered the minor to pay $1,056,600.90 in victim restitution for medical expenses after he admitted he shot his friend in the head while playing with a loaded gun. The juvenile court determined the amount of the medical expenses based upon the amount billed by the victim’s health care provider, although at the time of the restitution hearing, Medi-Cal had only made a partial payment to the provider of $86,394.56 and it was undisputed the total amount to be paid by Medi-Cal would be considerably less than the amount billed by the provider.

On appeal, the minor contends the juvenile court erred by ordering victim restitution for medical expenses based upon the amount billed rather than the amount actually paid.

Section 730,6, subdivision (h) provides that upon a minor being found to be a person described in section 602, the juvenile court shall order…