Legal Opinion

Cowan v. Myers

California Court of Appeal

Decided December 9, 1986No. Civ. 22987PublishedCited by 22 opinions

1Opinion of the Court

Opinion

CARR, J.

At issue in this appeal are certain provisions of the Medi-Cal Benefits Program (Welf. & Inst. Code, § 14000 et seq.), which limit health services to those “medically necessary to protect life or prevent significant disability” and whether such provisions are fatally inconsistent with the federal Medicaid Act (the Act). (42 U.S.C. § 1396 et seq.) The trial court found this limitation would unduly curtail medical assistance to the poor, contrary to the objectives of the Act and further found the system of prior authorization for health services, designed to implement the…

2Cases cited18 opinions

  1. Beal v. DoeSupreme Court of the United States · 1977
  2. People v. BradleyCalifornia Supreme Court · 1969
  3. Glendale City Employees' Ass'n v. City of GlendaleCalifornia Supreme Court · 1975
  4. Preterm, Inc. v. Michael S. Dukakis, Parents' Aid Society, Inc. v. Alexander E. Sharp Ii, Parents' Aid Society, Inc. v. Alexander E. Sharp IICourt of Appeals for the First Circuit · 1979
  5. Kash Enterprises, Inc. v. City of Los AngelesCalifornia Supreme Court · 1977

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3Cited by22 opinions

  1. Pharmaceutical Research and Manufacturers of America v. Walsh, Acting Commissioner, Maine Department of Human ServicesSupreme Court of the United States · 2003
  2. TLC Home Health Care, L.L.C. v. Iowa Department of Human ServicesSupreme Court of Iowa · 2002
  3. Cooke v. Superior CourtCalifornia Court of Appeal · 1989
  4. Marshall v. McMahonCalifornia Court of Appeal · 1993
  5. Belshe v. HopeCalifornia Court of Appeal · 1995

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