OLSZEWSKI v. SCRIPPS HEALTH

No. S098409.

135 Cal.Rptr.2d 1 (2003)

30 Cal.4th 798

69 P.3d 927

Cimmaron OLSZEWSKI, a Minor, etc., Plaintiff and Appellant, v. SCRIPPS HEALTH, Defendant and Respondent.

Supreme Court of California.

June 2, 2003.


Attorney(s) appearing for the Case

Chavez & Gertler, Mark A. Chavez, Mill Valley, Kim E. Card, San Francisco; Blumenthal Ostroff & Markham, Law Offices of Sheldon A. Ostroff, Sheldon A. Ostroff, David R. Markham, San Diego; Law Offices of Thomas J. Brandi, and Thomas J. Brandi, San Francisco, for Plaintiff and Appellant.

Manjusha P. Kulkarni; Kimberly Lewis; Rebecca S. Gudeman; and Marilyn Holle, Los Angeles, for National Health Law Program, Western Center on Law & Poverty, National Center for Youth Law and Protection & Advocacy, Inc., as Amici Curiae on behalf of Plaintiff and Appellant.

The Sturdevant Law Firm, James C. Sturdevant, San Francisco, Mark T. Johnson; Hinton & Alfert and Scott H.Z. Sumner, Walnut Creek, for Consumer Attorneys of California as Amici Curiae on behalf of Plaintiff and Appellant.

Friestad & Giles, Deborah Giles, San Diego, and Leticia O. Trujillo, Escondido, for Defendant and Respondent

Manatt, Phelps & Phillips, Barry S. Landsberg, Harvey L. Rochman, Los Angeles, and Wendy M. Conole for Catholic Healthcare West and The Regents of the University of California as Amici Curiae on behalf of Defendant and Respondent.

Catherine I. Hanson and Astrid G. Meghrigian, San Francisco, for the California Medical Association as Amicus Curiae on behalf of Defendant and Respondent.

Lois Richardson, Los Angeles, for California Healthcare Association as Amicus Curiae on behalf of Defendant and Respondent.

Stream & Stream, Theodore K. Stream, Riverside, Jamie E. Wrage, Los Angeles, and Tera Harden for Loma Linda University Medical Center, Inc., as Amicus Curiae on behalf of Defendants and Respondents.


BROWN, J.

As a participant in the federal Medicaid program, the State of California has agreed to abide by certain requirements imposed by federal law in return for federal financial assistance in furnishing medical care to the needy. (See Harris v. McRae (1980) 448 U.S. 297, 308, 100 S.Ct. 2671, 65 L.Ed.2d 784.) The California Medical Assistance Program, Medi-Cal (Welf. & Inst...

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