Crespin

Crespin v. Coye

Good Law
1994 Cal. App. LEXIS 832·27 Cal. App. 4th 700·34 Cal. Rptr. 2d 10·94 Daily Journal DAR 11277·94 Cal. Daily Op. Serv. 6204
Court of Appeal of CaliforniaAugust 12, 1994A061044California4,421 words

Opinion

Opinion

Stein, J.

This is an appeal from the entry of a permanent injunction prohibiting the State Department of Health, among others, from requiring applicants for “restricted” Medi-Cal benefits to declare under penalty of perjury whether they are a United States citizen or national; and whether they have “satisfactory immigration status” (see Welf. & Inst. Code, § 14011.2, subd. (d)(3)); and if they respond in the affirmative to any of the foregoing inquiries, to produce a Social Security number.

The Department contends that the trial court erred in granting summary judgment because the disclosure of an applicant’s immigration status and Social Security number is required by the recently amended sections 14007.5 and 14011.2.

Facts

Respondents filed their original complaint on March 21, 1988. The complaint challenged the process for determining Medi-Cal eligibility for immigrants under the version of section 14007.5 then in effect. (Stats. 1981-1982, First Ex. Sess., ch. 3, § 42, p. 6913.)

Effective September 27, 1988, Senate Bill No. 175 (Stats. 1988, ch. 1441, §§ 2, 3, p. 4919) repealed former section 14007.5 and reenacted a new section 14007.5, which created two categories of…

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