CALIFORNIA SOCIETY OF ANESTHESIOLOGISTS v. BROWN

No. A131049.

204 Cal.App.4th 390 (2012)

138 Cal. Rptr. 3d 745

CALIFORNIA SOCIETY OF ANESTHESIOLOGISTS et al.; Plaintiffs and Appellants, v. EDMUND G. BROWN, JR., as Governor, etc., Defendant and Respondent; CALIFORNIA ASSOCIATION OF NURSE ANESTHETISTS, Intervener and Respondent.

Court of Appeals of California, First District, Division Four.

March 15, 2012.


Attorney(s) appearing for the Case

Cole Pedroza , Curtis A. Cole , Matthew S. Levinson ; Hassard Bonnington , Philip S. Ward and B. Thomas French for Plaintiff and Appellant California Society of Anesthesiologists.

Francisco J. Silva and Long X. Do for Plaintiff and Appellant California Medical Association.

Astrid G. Meghrigian for San Diego Center for Patient Safety as Amicus Curiae on behalf of Plaintiffs and Appellants.

Pacific West Law Group and Gregory Abrams for American Medical Association and American Society of Anesthesiologists as Amici Curiae on behalf of Plaintiffs and Appellants.

Kamala D. Harris , Attorney General, Jennifer M. Kim , Acting Assistant Attorney General, Karin S. Schwartz , Susan M. Carson and Jennifer A. Bunshoft , Deputy Attorneys General, for Defendant and Respondent.

Mayer Brown , Philip R. Recht , Andrew T. Kugler and Donald M. Falk for Intervener and Respondent.

Nossaman and Ann O'Connell for California Hospital Association as Amicus Curiae on behalf of Defendant and Respondent and Intervener and Respondent.


OPINION

RUVOLO, P. J.

I.

INTRODUCTION

In order for hospitals, ambulatory surgical centers, and critical access hospitals to receive reimbursement under Medicare when a certified registered nurse anesthetist (CRNA) administers anesthesia, federal regulations require that the CRNA must be supervised by a physician. (42 C.F.R. §§ 482.52(a)(4) (2011), 416.42...

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