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GARCIA v. PACIFICARE OF CALIFORNIA, INC.

No. 13-55468.

750 F.3d 1113 (2014)

Martha GARCIA, Plaintiff-Appellant, v. PACIFICARE OF CALIFORNIA, INC.; UHC of California, dba UnitedHealthcare of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2014.

Attorney(s) appearing for the Case

Jeffrey Isaac Ehrlich (argued), The Ehrlich Law Firm, Encino, CA, for Plaintiff-Appellant.

Ethan P. Schulman (argued), Crowell & Moring, LLP, San Francisco, CA; Jennifer S. Romano , Crowell & Moring, LLP, Los Angeles, CA, for Defendants-Appellees.

Before: STEPHEN REINHARDT, ANDREW J. KLEINFELD, and MORGAN CHRISTEN, Circuit Judges.

OPINION

CHRISTEN, Circuit Judge:

This case involves a single issue: does an insurance company's categorical exclusion of myoelectric prosthetics from a health insurance plan violate California Health & Safety Code § 1367.18? We have jurisdiction under 28 U.S.C. § 1291 and hold that such an exclusion does not violate this statute.

I. BACKGROUND

In 1989, eleven-year-old Martha Garcia ("Garcia") contracted spinal meningitis,...

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