[Download] "Newton v. Kaiser Foundation Hospitals" by Third Appellate District Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Newton v. Kaiser Foundation Hospitals
- Author : Third Appellate District Court of Appeal of California
- Release Date : January 12, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
At issue in this appeal are certain provisions of the Medi-Cal Benefits Program (Welf. & Inst. Code, § 14000 et seq.), which limit health services to those "medically necessary to protect life or prevent significant disability" and whether such provisions are fatally inconsistent with the federal Medicaid Act (the Act). (42 U.S.C. § 1396 et seq.) The trial court found this limitation would unduly curtail medical assistance to the poor, contrary to the objectives of the Act and further found the system of prior authorization for health services, designed to implement the definition of medical necessity, was inconsistent with the Act. (Welf. & Inst. Code, § 14133.3, prior to 1985 amend., ch. 1411, § 2.) A writ of mandate issued from the trial court ordering the defendant state agencies and officials to refrain from enforcing either the limitation on medically necessary services or the prior authorization system.