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OCHS v. PACIFICARE OF CALIFORNIA

No. B160624.

9 Cal.Rptr.3d 734 (2004)

115 Cal.App.4th 782

Melvin A. OCHS, M.D., Plaintiff and Appellant, v. PACIFICARE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division 6

February 9, 2004.

Attorney(s) appearing for the Case

Schley, Look & Guthrie and Ian M. Guthrie, Santa Barbara, for Plaintiff and Appellant.

Catherine I. Hanson, San Francisco, for Melvin A. Ochs, M.D. as Amicus Curiae.

K & R Law Group and Peter M. Roan, Los Angeles, for Defendants and Respondents.

COFFEE, J.

Health and Safety Code section 1371.41 generally requires health care service plans to pay for emergency medical care rendered to their enrollees, regardless of whether the provider rendering the services has contracted with the plan. Subdivision (e) of that section provides, "A health care service plan may delegate the responsibilities enumerated in this section to the plan's...

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