Judge: Calif. Violated Law by Not Disclosing Info on Medi-Cal Cuts

CAL/AAEM News Service - BP calaaem.news.service at gmail.com
Wed Mar 28 13:50:12 PDT 2012


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California Chapter of the American Academy of Emergency Medicine

March 22, 2012

 

Judge: Calif. Violated Law by Not Disclosing Info on Medi-Cal Cuts 

 

California Healthline
<http://www.californiahealthline.org/articles/2012/3/22/judge-calif-violated
-law-by-not-disclosing-info-on-medical-cuts.aspx#ixzz1qIQ2qOkS> 

 

 

On Monday, Sacramento Superior Court Judge Lloyd Connelly ruled that the
California Department of Health Care Services violated disclosure law in
2011 by refusing to provide background information on proposed Medi-Cal
payment cuts, the Sacramento Bee's "Capitol Alert" reports. Medi-Cal is
California's Medicaid program (Yamamura, "Capitol Alert," Sacramento Bee,
3/21).

 

Background

 

In October 2011, CMS approved the state's plan to reduce certain Medi-Cal
payments by 10%. State officials said that the cuts would save $623 million.

 

According to the Department of Health Care Services, CMS allowed the state
to make a 10% reimbursement cut to:

 

.     A number of providers and outpatient services, including clinics,
dentists, laboratories, optometrists and pharmacists; and 

.     Freestanding nursing and adult subacute care facilities, as well as
other nursing facilities. 

 

In February, U.S. District Court Judge Christina Snyder granted a
preliminary injunction to block the rate cuts on the basis that they could
cause irreparable harm (California Healthline, 2/2).

 

Last year, the California Medical Association, California Hospital
Association and California Pharmacists Association filed a Public Records
Act request to gain access to the state's supporting evidence that the
Medi-Cal cuts would not harm beneficiaries' access to care.

 

DHCS denied the request, saying that such documentation needed to remain
private so the agency could "engage in candid policy discussions" with
federal officials.

 

Details of Ruling on Disclosure

 

Connelly said that the documents the state provided to federal officials
"are not subject to the deliberative process privilege claimed by DHCS." He
added that the information being sought was a "matter of public interest" to
ensure the state was not violating federal law by compromising care.

 

Connelly said, "An informed electorate has a right to know how spending
decisions are made."

 

The judge ordered DHCS to release the documents that it gave to federal
officials.

 

The state has 20 days to appeal the decision or ask for additional time to
explain why the documents should not be disclosed ("Capitol Alert,"
Sacramento Bee, 3/21).

 

 

 

 

 

Brian Potts MD, MBA
Managing Editor, CAL/AAEM News Service



 

 

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