Rouillard

*4 *426 This case presents the narrow issue of whether respondent Michelle Rouillard in her capacity as director of California's Department of Managed Health Care (Department) violated the Administrative Procedure Act (APA) ( Gov. Code, § 11340 et seq. ) when she sent letters to seven health care service plans directing them to comply with California law in their coverage of abortion services. 1 Health care service plans are required by law to cover basic health care services "where medically necessary." ( Health & Saf. Code, §§ 1345, 1367, subd. (i) ; Cal. Code Regs., tit. 28, § 1300.67.) The issue tendered here and below is whether a "voluntary" abortion is a "medically necessary" procedure that health care service plans are required to cover. By setting up a false choice between "voluntary" abortions and "medically necessary" abortions, the petitioner attempts to limit coverage of most abortions by health care service plans in California.

The letters in question informed the seven health care service plans that the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act or Act) ( Health & Saf. Code, § 1340 et seq. ) requires that they cover basic health care services,…