Palumbo v. Myers

Opinion

SPARKS, J.

This case involves a challenge by a physician to the statutory and regulatory scheme governing payments to health care providers under *1022the Medi-Cal Act (Welf. & Inst. Code, § 14000 et seq.).1 The question posed is whether a physician who treats a Medi-Cal patient and accepts payment for his services under the Act may recover the difference between the Medi-Cal payment and his usual and customary fee when the patient later recovers a settlement from a third party tortfeasor and the settlement allocates funds for the full payment of that fee. Welfare and Institutions Code…