Western Center and co-counsel sued the State in Korean Community Center of the East Bay v. Douglas on behalf of vulnerable immigrants, seniors and low-income families seeking to navigate the complicated annual Medi-Cal determination process and two community organizations serving them. The suit alleges that hundreds of thousands of people will lose health coverage because the State only sent out English language notices, failed to notify clients of their right to “cure” or have their Medi-Cal reinstated if they provide missing eligibility information in time, and failed to implement a the legally required eligibility review process. Co-counsel are Neighborhood Legal Services, Legal Aid Foundation of LA; Bay Area Legal Aid; Asian American Advancing Justice; and Kirkland and Ellis.
In denying defendant’s Motion for Reconsideration, the Court kept in place the preliminary injunction, mandating that no county can send a Notice of Action (NOA), terminating Medi-Cal coverage due to missing eligibility information without explicitly describing the 90-day cure right and without explaining what information is missing from the application. The preliminary injunction says that Medi-Cal benefits “may continue and will not be interrupted” if the beneficiary turns in the information within 90 days of the termination date.
