California Ass'n for Health Services at Home v. State Department of Health Care Services

Opinion

BLEASE, Acting P. J.

—In this appeal from a judgment granting a petition for a supplemental writ of mandate, we must decide whether the State Department of Health Care Services (the Department)1 was required to consider provider costs or otherwise comply with the Ninth Circuit’s decision in Orthopaedic Hospital v. Belshe (9th Cir. 1997) 103 F.3d 1491 (Orthopaedic) in conducting an annual review of Medi-Cal reimbursement rates paid to providers of home health agency services for the years 2001 through 2005.

The trial court found the Department had “not performed a proper rate review” and…