California Court of Appeal

In a pharmacist's petition for a writ of mandate, challenging the practice of the California Department of Health Care Services of refusing to pay interest on Medi-Cal payments withheld, in many cases for years, from providers of Medi-Cal services even though it knows or should know such payments are properly owing the providers, trial court's order granting a peremptory writ of mandate is reversed as Welfare & Institutions Code section 14107.11 differentiates between the collection of Medi-Cal overpayments and withheld Medi-Cal payments and neither requires nor permits the payment of interest on withheld Medi-Cal payments. Also, Civil Code section 3287 is inapplicable in this case.

Appellate Information

• Decided 06/29/2010
• Published 06/29/2010

Judges

• Jackson, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Patric Hooper