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Western Center files suit to secure healthcare for underinsured individuals

Wednesday, September 30, 2009

  • Organization: WCLP

The Western Center on Law & Poverty, along with other legal advocates, filed a lawsuit challenging state Medi-Cal policies that deny necessary medical care to individuals who have other health care coverage (OHC) when the other coverage does not provide the health care services the person needs. Medi-Cal policy requires individuals to use other available health care coverage before relying on Medi-Cal, but the lawsuit alleges the California Department of Health Care Services does not determine whether services are actually available through the other coverage, before denying Medi-Cal coverage. One of the petitioners, an eight year old Bay Area child, was terminated from mental health treatment under Medi-Cal because of the policy. Another petitioner, an eighteen year old Los Angeles youth, was denied prescription eyeglasses. In both cases, the needed medical services were not covered by their other insurance.

The lawsuit, filed in San Francisco Superior Court on September 25, 2009, seeks changes in Medi-Cal policy to ensure that individuals are able to get the critical health care services they need. In addition to Western Center, the petitioners are represented by Bay Area Legal Aid, Lucy Quacinella, Esq., Neighborhood Legal Services of Los Angeles County, and Youth Law Center.

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