What is the test for a state to determine whether or not it can refuse to pay the medical costs of a patient who is otherwise eligible for treatment?

California, United States of America


The following excerpt is from Jeneski v. Myers, 163 Cal.App.3d 18, 209 Cal.Rptr. 178 (Cal. App. 1984):

"A state may pay 'part or all of the cost ... of care and services,' 42 U.S.C. 1396d(a), but it 'may not deny or reduce the amount, duration, or scope of a required service ... to an otherwise eligible recipient solely because of the diagnosis, type of illness, or condition.' 42 C.F.R. 440.230(c)(1) (1978). Although a state 'may place appropriate limits on a service based on medical necessity or on utilization control procedures,' id. 440.230(c)(2), '[e]ach service must be sufficient in amount, duration, and scope to reasonably achieve its purpose.' Id. 440.230(a)." (Simpson v. Wilson (D.Vt.1979) 480 F.Supp. 97, 100.)

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