Legal News

San Diego health program faces new legal challenge

By Jason Siegel

Lawyers in a three year class-action lawsuit allege that San Diego County's County Medical Services illegally excludes many seriously ill patients, the San Diego Union-Tribune reported.

The Western Center on Law and Poverty in Los Angeles and San Diego law firm Fish & Richardson are representing the 17 patients in the case.

They claim the program's application process is difficult, cruel and insulting and that co-payments are too expensive (LISTEN). Co-payments are $35 per day in a hospital and $15, plus 50 percent of the cost of necessary medications. Free care is given to single patients with a monthly income of $1,149 or less, while co-payments are required from people making $1,150 to $1,404 each month, the San Diego Union-Tribune reported.

Lawyers for the plaintiffs in the case want the monthly income cap for free care to be $312 higher and eligibility to be determined by applicants' current income and ability to pay for health care rather than the five year projection of income and medical costs currently used.

San Diego County Attorney John Sansone told the Associated Press that the current policy balances providing services to the needy and protecting tax-payer money.

A ruling on the challenge is expected on March 28.    

Full post as published by Legal Pad | LA on March 07, 2008 (boomark / email).