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PEOPLE v. GUIAMELON

No. B232188.

205 Cal.App.4th 383 (2012)

140 Cal. Rptr. 3d 584

THE PEOPLE, Plaintiff and Respondent, v. RITA GUIAMELON, Defendant and Appellant.

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

April 24, 2012.

Attorney(s) appearing for the Case

Hooper Lundy & Bookman and Patric Hooper for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Mary Sanchez and John Yang , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

EPSTEIN, P. J.—

Dr. Rita Guiamelon, a physician, challenges her conviction under Business and Professions Code section 650 (section 650) for paying illegal fees to persons who referred patients qualified for federal and state programs to her practice. She contends this statute is preempted by the federal Medicaid antikickback statute (42 U.S.C. § 1320a-7b(b)) under the doctrines of implied conflict and obstacle preemption...

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