California Court of Appeal

In an action challenging California Department of Managed Health Care's implementation of the Knox-Keene Health Care Services Plan Act of 1975, rulings on both a demurrer and a motion for summary judgment for defendant-department is affirmed over claims, inter alia, that: 1) defendant was required by the Information Practices Act to allow individuals to see, copy, and correct their records in its possession; 2) defendant's letters to plaintiffs are evidence of a "standard of general application" requiring compliance with the Administrative Procedure Act; 3) plaintiffs' due process rights were violated by the refusal to provide copies of their records; 4) defendant failed to provide the notices required under section 1368 of Health and Safety Code; and 5) defendant does not have the discretion to "ignore a party's rights to see and rebut evidence presented by the opposing party to an adjudication."

Appellate Information

• Decided 02/29/2008
• Published 04/01/2008

Judges

• RAYE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Harvey Stuart Frey, Attorney at Law, Santa Monica, CA, for Plaintiffs and Appellants.


• For Appellees:
  
• Amy L. Dobberteen, Debra L. Denton, Michael D. McClelland, Amal Ali Fawzy Abu-Rahma, Sacramento, CA, for Defendants and Respondents.