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KAISER FOUNDATION HEALTH PLAN, INC. v. ZINGALE

No. C039437.

121 Cal.Rptr.2d 741 (2002)

99 Cal.App.4th 1018

KAISER FOUNDATION HEALTH PLAN, INC., Plaintiff and Respondent, v. Daniel ZINGALE, as Director, etc., Defendant and Appellant.

Court of Appeals of California, Third District.

June 27, 2002.

Attorney(s) appearing for the Case

Joan W. Cavanagh, Assistant Deputy Director, James F. Novello, Assistant Chief Counsel, and Brenda Ray, Senior Counsel, for Defendant and Appellant.

Quinn Emanuel Urquhart Oliver & Hedges, Steven G. Madison, and Joseph N. Akrotirianakis, Redwood Shores, for Plaintiff and Respondent.

NICHOLSON, J.

The California Department of Managed Health Care (Department) ordered Kaiser Foundation Health Plan, Inc. (Kaiser) to continue providing coverage for prescription drugs, such as Viagra, to treat sexual dysfunction. Kaiser petitioned for a writ of administrative mandamus, and the trial court determined that such compulsion is beyond the Department's statutory authority. The Department appeals. We also conclude the Department does not have authority to...

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