Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
Associated Press - December 4, 2008
The ruling stems from a lawsuit filed last year by the AIDS Healthcare Foundation that alleged the Department of Health Care Services had failed to implement a program expanding Medi-Cal coverage to eligible HIV patients in California.
Before the state law passed in 2002, HIV-positive were disqualified from the Medi-Cal program until they developed full-blown AIDS.
Los Angeles County Superior Court Judge James C. Chalfant ordered the AIDS foundation to develop a plan to help the state comply with the law. The foundation is scheduled to submit that plan Dec. 17.
"The ruling is a scathing indictment of the state for not doing anything to comply with this law that went into effect five years ago," foundation spokesman Ged Kenslea said. "DHCS can't pick and choose which laws they follow."
The law required the coverage expansion to be budget-neutral and outlined a plan to move Medi-Cal AIDS patients into managed care and use the savings to provide more coverage for HIV-positive patients.
The state agency argued that federal medical privacy laws prohibited it from contacting AIDS patients on Medi-Cal directly or with mailings.
Norman Williams, a deputy director for the state health agency, also argued that officials met their requirements by performing a cost analysis that showed the plan would not work without additional funding.
In a Nov. 25 decision, Chalfant wrote that the state had "arbitrarily failed to meet its statutory duties" because it did not conduct outreach to recruit AIDS patients into managed care.
081204
AP081223
Copyright © 2008 - Associated Press. Reproduction of this article (other than one copy for personal reference) must be cleared through the AP Permissions Desk.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, National Library of Medicine, and donations from users like you.
Always watch for outdated information. This article first appeared in 2008. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2008. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .