Legal Opinion

Dameron Physicians Medical Group, Inc. v. Shalala

District Court, N.D. California

Decided February 25, 1997No. C 95-2999-CALPublishedCited by 7 opinions

1Opinion of the Court

OPINION AND ORDER FOR SUMMARY JUDGMENT

LEGGE, District Judge.

Plaintiffs, a group of California doctors, psychiatrists, psychologists, and other health care providers, bring this action under 42 U.S.C. § 1983 against defendants the Secretary of the United States Department of Health and Human Services (“HHS”) and the Director of the California Department of Health Services (“DHS”). Plaintiffs contend that California’s policy of “capping” reimbursements at the Medi-Cal limits violates federal law because health care providers receive less than the amount required by the federal Medicare statutes.

2Cases cited13 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
  4. Harris v. McRaeSupreme Court of the United States · 1980
  5. King v. SmithSupreme Court of the United States · 1968

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3Cited by7 opinions

  1. Beverly Community Hospital Ass'n v. BelsheCourt of Appeals for the Ninth Circuit · 1997
  2. Briggs v. CommonwealthMassachusetts Supreme Judicial Court · 1999
  3. 55 soc.sec.rep.ser. 21, Medicare & Medicaid Guide P 45,779, 97 Cal. Daily Op. Serv. 9001, 97 Daily Journal D.A.R. 14,555 Beverly Community Hospital Association, a California Non-Profit Public Benefit Corporation, D/B/A Beverly Hospital Bellwood Medical Corporation, D/B/A Bellwood General Hospital Chico Community Hospital Medical Center, Inc., D/B/A Chico Community Rehabilitation Hospital, D/B/A Chico Community Hospital Hollywood Community Hospital Medical Center, Inc., D/B/A Hollywood Community Hospital of Van Nuys, D/B/A Hollywood Community Hospital of Hollywood Lancaster Hospital Corporation, D/B/A Lancaster Community Hospital v. Kimberly Belshe, Director of the California Department of Health Services, California Ambulance Association v. Donna E. Shalala, Secretary of the United States Department of Health and Human Services, and Kimberly Belshe, Director of the California Department of Health Services, California Ambulance Association v. Donna E. Shalala, Secretary of United States Department of Health and Human Services, California Medical Association California Academy of Family Physicians California Society of Anesthesiologists California Urological Association California Chapter of the American College of Emergency Physicians California Chapter of the American College of Cardiology California Society of Internal Medicine California Society of Physical Medicine & Rehabilitation California Radiology Society, Chapter of the American College of Radiology v. Donna E. Shalala, Secretary of United States Department of Health and Human Services S. Kimberly Belshe, Director of the California Department of Health Services, Richard Gilmore, M.D. Saraf Protap, M.D. v. Donna E. Shalala, Secretary of the United States Department of Health and Human Resources, S. Kimberly Belshe, Director of Health Services, Richard Gilmore, M.D., Individually and on Behalf of All Those Similarly Situated Pratap Saraf, M.D., Individually and on Behalf of All Those Similarly Situated v. Donna E. Shalala, ph.d., Secretary of the United States Department of Health and Human Services S. Kimberly Belshe, Director of the California Department of Health Services, Defendants- California Medical Association California Academy of Family Physicians California Society of Anesthesiologists California Urological Association California Chapter of the American College of Emergency Physicians California Chapter of the American College of Cardiology California Society of Internal Medicine California Society of Physical Medicine & Rehabilitation California Radiology Society, Chapter of the American College of Radiology v. Donna E. Shalala, Secretary of the United States Department of Health and Human Services, Donald R. MacPherson Jr., as Successor in Interest to Decedent Christina MacPherson & MacPherson Oil Company Employee Welfare Benefit Plan v. Employers Health InsuranceCourt of Appeals for the Ninth Circuit · 1997
  4. Torres v. National Precision BlankingDistrict Court, N.D. Illinois · 1996
  5. Stohler v. MenkeDistrict Court, E.D. Tennessee · 1997

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