Piontkowski

*500 Opinion

The trial court refused to mandate Geduldig, the Director of the State Department of Health Care Services (respondent), to supply Molly Piontkowski (appellant), a recipient of aid under the California Medical Assistance Program (Medi-Cal), with an orthopedic mattress and box springs. Appellant concedes that her request in respect of box springs was appropriately denied. The sole issue on this appeal is, therefore, whether regulations 1 adopted by respondent to assist in the distribution and administration of basic Medi-Cal benefits listed in section 14132 of Welfare and Institutions Code, 2 did properly exclude an orthopedic mattress as an item of relief to which appellant was entitled.

Facts

Appellant suffers from tuberculosis of the spine and from osteomyelitis. To relieve her pain, her doctor prescribed a back brace and an orthopedic mattress. 3 Appellant’s request to Medi-Cal for a back brace was approved but a request for a mattress and box springs was denied. Challenging the denial, appellant requested and received a hearing under section 10950, et seq., before a referee who rejected her claim. The referee’s decision was ratified by respondent and was…