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COWAN v. MYERS

Docket No. 22987.

187 Cal.App.3d 968 (1986)

232 Cal. Rptr. 299

STEPHEN COWAN et al., Plaintiffs and Appellants, v. BEVERLEE A. MYERS, as Acting Director, etc., et al., Defendants and Appellants.

Court of Appeals of California, Third District.

December 9, 1986.

Attorney(s) appearing for the Case

COUNSEL

Lynn S. Carman for Plaintiffs and Appellants.

W. Edward Barnes, Clifford C. Sweet, Melinda Bird, Kate Meiss and Georgia Bacile, as Amici Curiae on behalf of Plaintiffs and Appellants.

John K. Van de Kamp, Attorney General, Thomas E. Warriner, Assistant Attorney General, Elizabeth C. Brandt and John W. Spittler, Deputy Attorneys General, for Defendants and Appellants.

Juan A. Del Real, Samuel D. Turner and John Daniel Kiser, as Amici Curiae on behalf of Defendants and Appellants.

OPINION

CARR, J.

At issue in this appeal are certain provisions of the Medi-Cal Benefits Program (Welf. & Inst. Code, § 14000 et seq.), which limit health services to those "medically necessary to protect life or prevent significant disability" and whether such provisions are fatally inconsistent with the federal Medicaid Act (the Act). (42 U.S.C. § 1396 et seq.) The trial court found this limitation would unduly curtail...

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