Legal Advocacy

CAL/ACEP is committed to promoting and protecting the interests of emergency physicians and their patients in every arena, including the courts. Rather than representing individual emergency physicians, CAL/ACEP advocates on behalf of all emergency physicians in cases broadly impacting health care policy. Our legal advocacy efforts include the filing of amicus curiae, or "Friend of the Court", briefs in cases of major importance to the practice of emergency medicine. Most recently, CAL/ACEP filed a lawsuit against the State of California to stop the 10% provider rate cut in Medi-Cal reimbursement that the Legislature and Governor adopted as part of the state budget.

PROTECTING MEDI-CAL REIMBURSEMENT

CMA v Shewry
Along with six other lead plaintiffs, CAL/ACEP filed suit against the Department of Health Care Services to block the 10% Medi-Cal Provider Rate Cuts that were approved by Governor Schwarzenegger and the legislature in early 2008. While the judge found that CAL/ACEP had argued successfully in showing the irreparably harmful effects of the cuts, ultimately a preliminary injunction to stop the cuts was denied on narrow, procedural grounds.

PRESS/BACKGROUND
CMA v Shewry Press Release (May 2008)
CMA v Shewry Explained (May 2008)
CMA v Shewry Q & A (May 2008)
CMA v Shewry Medi-Cal Facts (May 2008)

PLEADINGS
CMA v Shewry - Complaint for Injunctive Relief (May 2008)
CMA v Shewry - Petitioners Memorandum of Points and Authorities Supporting a Preliminary Injuction (July 2008)
CMA v Shewry - Respondents' Opposition to Motion for Preliminary Injunction (July 2008)
CMA v Shewry - Petitioners' Reply Brief in Support of Preliminary Injunction (July 2008)
CMA v Shewry - City and County of San Francisco Amicus Curiae Brief (July 2008)
CMA v Shewry - Order Denying Preliminary Injunction (July 2008)

Independent Living Center v Shewry
CAL/ACEP supported ILC v Shewry, in which the 10% Medi-Cal Provider Rate Cuts were overturned, by submitting declarations to the court, in addition to having CAL/ACEP's attorney provide support at the hearing.

ILC v Shewry - Respondents' Opposition to Motion for Preliminary Injunction (June 2008)
ILC v Shewry - Order Granting Preliminary Injunction (August 2008)
ILC v Shewry - 9th Circuit Order (September 2008)
ILC v Shewry - Respondents' Report of Compliance with Preliminary Injunction (September 2008)

FIGHTING FOR FAIR PAYMENT

CMA v DMHC
CAL/ACEP is one of six lead plaintiffs who filed suit against the Department of Managed Health Care to block the department's dangerous regulations that would allow insurance companies to avoid paying for non-contracted emergency care and pass on their costs to patients. Oral arguments were presented on Friday, November 21, 2008 in Sacramento Superior Court.

CMA v DMHC - Petitioners' Opening Brief (September 2008)
CMA v DMHC - Petition for Writ of Mandate (September 2008)
CMA v DMHC - Defendants' Answer to Opening Brief (October 2008)
CMA v DMHC - CAPG Amicus Curiae Brief (November 2008)
CMA v DMHC - Kaiser Amicus Curiae Brief (November 2008)
CMA v DMHC - Petitioners' Opposition to Kaiser Amicus Curiae Brief (November 2008)
CMA v DMHC - DMHC Respondents' Hearing Brief (November 2008)
CMA v DMHC - Petitioners' Reply Brief (November 2008)
CMA v DMHC - Tentative Ruling (November 2008)

Prospect v Northridge
CAL/ACEP filed an amicus curiae brief supporting Northridge Emergency Medical Group against an IPA who sued Northridge claiming that balance billing by non-contracted emergency physicians is prohibited by California statute. The court has ruled in our favor thus far, and Prospect has appealed. Oral arguments were heard before the California Supreme Court on November 5, 2008; the Court has 90 days to issue a ruling.

Prospect v Northridge Emergency Medical Group - Appellants' Reply Letter Brief (November 2008)
Prospect v Northridge Emergency Medical Group - Respondents' Reply Letter Brief (November 2008)
Prospect v Northridge Emergency Medical Group - DMHC Letter Brief (October 2008)
Prospect v Northridge Emergency Medical Group - Respondents' Supplemental Brief (October 2008)
Prospect v Northridge Emergency Medical Group - Respondents' Letter Brief (October 2008)
Prospect v Northridge Emergency Medical Group - Appellants' Letter Brief (October 2008)
Prospect v Northridge Emergency Medical Group - CAL/ACEP Amicus Curiae Brief in Support of Respondents (December 2006)