Facts

Until July 2008, Sacramento County had contracted with the University of California, Davis, Health System for emergency and other medical services provided by UC Davis to County Medical Indigent Services Program (CMISP)-eligible persons. The County contracts for emergency and other medical services provided to CMISP-eligible persons at a number of hospitals facilities operated by Mercy Healthcare Sacramento and by Sutter Medical Center.

After the direct contract with UC Davis expired and a subsequent third-party contract also expired, on Sept. 1, 2009, the County directed persons seeking emergency medical services covered by CMISP to utilize facilities with which the County maintained contracts.

In November 2009, UC Davis petitioned for a writ of mandate to require the County to cover emergency services rendered to CMSIP-eligible persons, and to accept and process referrals to the CMISP, from and after Sept. 1, 2009.

PETITIONER'S CONTENTIONS:
UC Davis contended that the County's policy (i.e., refusing to cover emergency services from and after September 1, 2009) violated Welfare and Institutions Code (WIC) sections 10000 and 17000, which requires the County to provide CMISP-eligible persons with the minimum level of medical services to which they are entitled. UC Davis contended that the County had a legal duty to cover emergency services, regardless of whether the facility has a contract with the County.

RESPONDENT'S CONTENTIONS:
The County contended that, under WIC section 16817 and Government Code section 29607, it had discretion to limit the scope of services available to those provided under contract. The County further contended that its duty under WIC sections 10000 and 17000 were absolved or supplanted by the obligations of the hospital ERs under state and federal law.

Result

The court granted UC Davis a peremptory writ of mandate requiring the County to include emergency medical services within the scope of services available to CMISP-eligible persons regardless of whether the facility providing the services is under contract with the Count. The writ also required the County to accept and process referrals tendered previously and prospectively by recipients of medical services provided by UC Davis, and other facilities, for determination of eligibility. However, the court denied UC Davis' request for a writ of mandate requiring the County to process payment.