Kizer

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

Introduction

In this class action, plaintiffs challenge defendant California Department of Health Services’ practice of recovering the costs of state health benefits from former joint tenants of deceased recipients. The Department administers the California Medical Assistance Program (“Medi-Cal”), which provides medical services to aged, disabled, and needy persons. Medi-Cal constitutes California’s participation in the larger federal medical assistance program known as “Medicaid.” Medicaid programs are administered principally by the participating states, and the programs’ costs are shared with the federal government.

Defendants are the California Department of Health Services (“the Department”); Kenneth Kizer, director of the Department; and Otis R. Bowen, secretary of the United States Department of Health and Human Services (“HHS”). The plaintiff class consists of persons in California who own or have owned property in “joint tenancy” with a Medi-Cal recipient. A “joint tenancy” is a form of ownership in which each joint tenant owns an undivided interest in certain property. Black’s Law Dictionary 1313 (1979). The distinguishing…