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ROBERTS v. BRIAN

Docket No. 40361.

30 Cal.App.3d 427 (1973)

106 Cal. Rptr. 360

JOHN HERBERT ROBERTS, Plaintiff and Respondent, v. EARL W. BRIAN, as Director, etc., Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

February 5, 1973.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Elizabeth Palmer, Acting Assistant Attorney General, Edward M. Belasco and Melvin R. Segal, Deputy Attorneys General, for Defendant and Appellant.

James A. Broderick, Jr., and Brian J. Kennedy, for Plaintiff and Respondent.

OPINION

LILLIE, J.

John Roberts, an indigent, required individualized nursing care because of frequent seizures which in the absence of prompt medical aid would cause his death. The Department of Health Care Services denied him Medi-Cal benefits, and after a hearing the director ordered that no provisions under the Medi-Cal program permitted payment for attendant care for a patient in Roberts' position. Thereafter Roberts' petition...

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