Motion to Reconsider Denied: Korean Community Center of the East Bay v. Kent

Executive Summary

Plaintiffs, who are organizations representing the interests of and assist Medi-Cal beneficiaries, including many with limited-English proficiency, sought a peremptory writ of mandate and/or declaratory and provisional and permanent injunctive relief to enjoin the State of California from proceeding with the 2014 redetermination process for Medi-Cal beneficiaries until the State fully complies with state laws and regulations requiring it to conduct appropriate ex parte review to prevent improper termination, provide adequate notice of the redetermination process and how to reestablish benefits, and ensure non-discriminatory language access to the redetermination process. The Alameda County Superior Court denied the State’s motion for reconsideration and kept in place the preliminary injunction, mandating that no county can terminate Medi-Cal coverage due to missing eligibility information without explicitly advising there is a 90-day cure period (during which Medi-Cal benefits would continue) and without explaining what information is missing from the application.