February 08, 2013
Area(s) of Interest: Amicus Briefs Payor Issues and Reimbursement
A large number of national health care organizations have filed amicus curiae briefs in support of the California Medical Association’s (CMA) request for an en banc review by the Ninth Circuit Court of Appeals. The review is part of an effort to stop the State of California from implementing a 10 percent cut to Medi-Cal provider reimbursement rates.
Last month, a three judge panel of the Ninth Circuit ruled that the state could move forward with the rate cuts, passed by the Legislature in the spring of 2011, despite an earlier district court ruling that found that the cuts would irreparably harm the millions of patients who rely on Medi-Cal for health care.
CMA and the other plaintiffs in CMA et al. v. Douglas et al. – California Hospital Association, California Dental Association, California Pharmacists Association, National Association of Chain Drug Stores, California Association of Medical Product Suppliers, AIDS Healthcare Foundation and American Medical Response – argue that reducing payments in the Medi-Cal system will force providers out of the program at a time when millions of new patients will be diverted into the Medi-Cal system.
Those organizations signing the briefs include: National Health Law Program, AARP, National Senior Citizens Law Center, Public Interest Law Project, Asian Law Alliance. California Advocates for Nursing Home Reform, Western Center on Law and Poverty, Arizona Center for Law in the Public Interest, Disability Rights Center, Disability Law Center of Alaska, Disability Rights Idaho, Hawaii Disability Rights Center, Disability Rights California, Alaska State Hospital and Nursing Home Association, American Hospital Association, Arizona Hospital and Healthcare Association, Healthcare Association of Hawaii, Idaho Hospital Association, Montana Hospital Association, Nevada Hospital Association, Oregon Association of Hospitals and Health Systems and the Washington State Hospital Association.
The lawsuit to prevent the cuts was originally filed by CMA in November 2011.