Court Rules that State Violated Public Records Act March 22, 2012 CMA, News CMA advocacy, DHCS, Medi-Cal 0 This week, the court ruled that California Department of Health Care Services violated disclosure law in 2011 by refusing to provide background information on proposed Medi-Cal payment cuts with the California Medical Association (CMA). The official signed judgment states that “documents exchanged between DHCS and the federal Centers for Medicare & Medicaid Services… are not subject to the deliberative process privilege claimed by DHCS.” The court also ruled that “the relationship between DHCS and CMS is fundamentally different from that involved in cases which have recognized a deliberative process privilege and any benefit derived from keeping discussions confidential is substantially diminished in this context.” The court ordered DHCS to release the documents that it gave to federal officials. The state has 20 days to appeal the decision or ask for additional time to explain why the documents should not be disclosed. Background In October 2011, CMS approved the state's plan to reduce certain Medi-Cal payments by 10%. State officials said that the cuts would save $623 million. In February, U.S. District Court Judge Christina Snyder granted a preliminary injunction to block the rate cuts on the basis that they could cause irreparable harm. Last year, CMA, California Hospital Association, and California Pharmacists Association filed a Public Records Act request to gain access to the state's supporting evidence that the Medi-Cal cuts would not harm beneficiaries' access to care. DHCS denied the request, saying that such documentation needed to remain private so the agency could "engage in candid policy discussions" with federal officials. Comments are closed.
