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SAMUEL v. CALIFORNIA DEPT. OF HEALTH SERVICES

Nos. C-82-1829 EFL, C-82-3126 EFL.

570 F.Supp. 566 (1983)

Robert E. SAMUEL and John Watkins, Plaintiffs, v. CALIFORNIA DEPARTMENT OF HEALTH SERVICES, Beverlee A. Myers, et al., Defendants. Reba KATZ and Betty Weiss, citizens, residents, and taxpayers of the City and County of Los Angeles, State of California, Plaintiffs, v. Beverlee A. MYERS, Director of the California Department of Health Services; and DOES I-X, Defendants.

United States District Court, N.D. California.

August 31, 1983.

Attorney(s) appearing for the Case

Himelstein, Savinar, Petrocelli & Curtice, San Francisco, Cal., National Senior Citizens Law Center, Los Angeles, Cal., Bet Tzedek Legal Services, Los Angeles, Cal., for plaintiffs.

George Deukmejian, Atty. Gen., Charlton G. Holland, Asher Rubin, Deputy Attys. Gen., George Christopher Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendants.

MEMORANDUM OF DECISION

LYNCH, District Judge.

Plaintiffs in these related actions seek a declaration that the limitation on reimbursement to health care providers for services rendered to Medi-Cal beneficiaries who are also Medicare beneficiaries ("crossover beneficiaries"), as enacted by California Welfare & Institutions Code section 14109.5, is in violation of federal Medicaid law and regulations. Specifically, plaintiffs in No. C-82-3126 EFL seek...

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