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CONSUMER WATCHDOG v. DEPARTMENT OF MANAGED HEALTH CARE

No. B232338.

225 Cal.App.4th 862 (2014)

170 Cal. Rptr. 3d 629

CONSUMER WATCHDOG et al., Plaintiffs and Appellants, v. DEPARTMENT OF MANAGED HEALTH CARE et al., Defendants and Respondents.

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

April 23, 2014.

Attorney(s) appearing for the Case

Harvey Rosenfield, Pamela M. Pressley , Jerry Flanagan ; Strumwasser & Woocher, Fredric D. Woocher , Beverly Grossman and Byron F. Kahr for Plaintiffs and Appellants.

Law Office of Stephen P. Sommers, Stephen P. Sommers and Una Lee Jost for California Association for Behavior Analysis as Amicus Curiae on behalf of Plaintiffs and Appellants.

Daniel R. Unumb ; Kaye Scholer and Robert Barnes for Autism Speaks and Autism Deserves Equal Coverage as Amici Curiae on behalf of Plaintiffs and Appellants.

Holly Pearson , Debra L. Denton , Drew A. Brereton ; Kamala D. Harris , Attorney General, Julie Weng-Gutierrez , Assistant Attorney General, Leslie P. McElroy and Carmen D. Snuggs , Deputy Attorneys General, for Defendants and Respondents.

Dave Jones and Patricia Sturdevant for Department of Insurance as Amicus Curiae, upon the request of the Court of Appeal.

OPINION

KITCHING, J. —

Applied behavior analysis (ABA) is an intensive form of therapy which has had documented success in treating the symptoms of autism in young children. While ABA can be performed by a licensed physician or psychologist, it is often performed, or supervised, by an individual certified by the private Behavior Analyst Certification Board (BACB). The issue raised by this case is whether the Department of Managed Health...

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