Can anyone shed some light on this? Basically I'm hoping for a copy of the letter, if there have been any updates since 2001, and any information on this that you can share as to whether this has taken affect and how often these letters are issued.
The Medi-Cal Conflict of Interest Law, Cal. Welf. &Inst. Code § 14022, provides that "[n]o Medi-Cal payment may be made to a provider of service or to any facility or organization in which he or his immediate family has a significant beneficial interest, for services rendered in connection with any referral of a recipient, unless there is on file with the director and the Advisory Health Council a statement of the nature and extent of such interest."
The text of the Medi-Cal Conflict of Interest Law states that it is only operative upon the date of which Section 1902(a)(4)(C) of the federal Social Security Act, as added by Public Law 95-559 is repealed, held invalid by a court of appeal, or otherwise made inoperative. A letter dated January 31, 1992, from the Legislative Counsel of California, advised that this contingency has not occurred and that this statute has not become operative.
According to the USCA, section 1902 title 42 was transferred to section 49a title 29 and appears to be good law (has a yellow flag listed from West). This is all I've been able to determine.
Thanks for any and all help with this -
Jill
cessante ratione legis, cessat et ipse lex
Jill L K Brooks
Legal Librarian
Robinson, Bradshaw & Hinson
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Charlotte, NC 28246
* jbrooks@rbh.com <mailto:jbrooks@rbh.com>
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