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The AIDS Healthcare Foundation Sues DHCS

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Feb 19, 2009 4:22 pm US/Pacific

The AIDS Healthcare Foundation Sues DHCS

LOS ANGELES

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The AIDS Healthcare Foundation is suing the state Department of Health Care Services, alleging the agency did not follow federal and state law in its contracting process for the provision of health care services for Medi-Cal recipients living with AIDS.

AHF's Los Angeles Superior Court suit also asserts that DHCS officials infringed on AHF's freedom of speech and expression during the recent contract renewal process -- actions AHF maintains were taken in retribution for its previous outspoken public advocacy.

The Los Angeles-based nonprofit contends the legal action is necessary because of what it alleges is the DHCS' failure to abide by federal and state law in setting the rate to cover the per-patient monthly costs for Medi-Cal recipients enrolled in AHF's Positive Healthcare primary care case management program.

Norman Williams, a DHCS spokesman, said he could not comment on the lawsuit, but defended the agency's actions during talks with AHF.

"DHCS offered a rate that was the maximum allowed by law," Williams said. "It's an important program and we negotiated for quite some time to continue it, but AHF sought a rate above what the law allow us to pay."