Legal Opinion

Rakestraw v. California Physicians' Service

California Court of Appeal

Decided May 31, 2000No. B115766PublishedCited by 104 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

KITCHING, J.

I

Introduction

This appeal presents the issue whether a private health care service plan contract requiring a $1,000 copayment for inpatient hospital services in connection with pregnancy and child delivery violates the prohibition against the use of copayments “because of sex” in the Knox-Keene Health Care Service Plan Act of 1975 (the Knox-Keene Act). (Health & Saf. Code, § 1340 et seq.)1 We find it does not. The Knox-Keene Act allows health care service plans to limit coverage for pregnancy-related services and also generally allows copayments, subject to some exceptions.…

2Cases cited27 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. General Electric Co. v. GilbertSupreme Court of the United States · 1976
  3. Geduldig v. AielloSupreme Court of the United States · 1974
  4. Quelimane Co. v. Stewart Title Guaranty Co.California Supreme Court · 1998
  5. Careau & Co. v. Security Pacific Business Credit, Inc.California Court of Appeal · 1990

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3Cited by104 opinions

  1. Peterson v. Cellco PartnershipCalifornia Court of Appeal · 2008
  2. Oakland Raiders v. National Football LeagueCalifornia Court of Appeal · 2005
  3. Das v. Bank of America, N.A.California Court of Appeal · 2010
  4. Price v. Starbucks Corp.California Court of Appeal · 2011
  5. Behnke v. State Farm General InsuranceCalifornia Court of Appeal · 2011

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