Opinion
S218497
02-03-2016
CENTINELA FREEMAN EMERGENCY MEDICAL ASSOCIATES v. HEALTH NET OF CALIFORNIA, INC.
B238867 Second Appellate District, Div. 3
Supplemental briefing ordered
The court invites the Department of Managed Health Care (DMHC) to serve and file an amicus curiae brief expressing its views on the following two-part question: In light of the Knox-Keene Health Care Service Plan Act of 1975 (Health & Saf. Code, § 1340 et seq.) and the DMHC's implementing regulations, does a health care service plan owe a common law tort duty of care to non-contracting emergency service providers, who provide emergency care on a statutorily compelled basis to the health plan's enrollees, in either (1) making or (2) continuing a delegation of its financial responsibility for payment of the providers' claims to an individual practice association?
The DMHC's brief is to be filed and served on or before March 4, 2016. The parties may serve and file answer briefs no more than 20 days after the DMHC's brief is filed under this or any subsequent order of the court. No extensions of time are contemplated.