Health Care

Public Entity’s Determination of Reasonable and Customary Value is Discretionary, Not a Mandatory Duty

The California Court of Appeal recently issued a decision upholding governmental immunity for a public health plan sued by an out-of-network hospital based on implied contract theories.  In County of Santa Clara v. Superior Court, 77 Cal. App. 5th 1018 (2022), the court held that

As a massive public agency with 320,000 licensed agents in California, the Department of Insurance (DOI of CDI) has an extensive infrastructure for the investigation and discipline of insurance producers. As is often true of financial industry regulators, there are marked trends in investigations and discipline in certain areas of public concern.
“Affinity Group” Discount Cases
The Department of Insurance

Physicians who have lost their Medical Board license or find themselves on probation are often legally entitled to petition for license reinstatement or relief from license probation, under Business and Professions Code section 2307. This process is accessible to unrepresented parties through a petition, with instructions, available online. It is preferable, however, to hire an experienced licensing and

Nurses from other states sometimes take travel assignments at facilities across California, especially since the demand for nurses has risen sharply due to the COVID-19 pandemic. However, the California Board of Registered Nursing retains the ability to discipline the California BRN license for nurses even when they are disciplined for conduct outside of California against the nursing license in their

Alcohol related convictions are among the most serious violations a medical professional can commit, because they call into question both the judgment of the licensee and the safety of patients, in the judgment of California state agencies such as the Medical Board of California, the Board of Registered Nursing, and the Board of Behavioral Sciences. Licensees who commit even one

The Department of Real Estate accused a licensee of fraud, dishonest dealing, and dishonesty after the client failed to report a 2019 conviction for a misdemeanor violation of a Labor Code statute. The licensee had also been convicted of crimes twice before. Alleging a pattern of dishonest behavior, the DRE refused to offer the client a settlement and took the

The Board of Vocational Nursing and Psychiatric Technicians, like all state healing arts agencies such as the Board of Registered Nursing and the Medical Board of California, takes the requirements of its probation program very seriously. In 2021, we were able to represent an LVN who tested positive for cocaine while under the supervision of the LVN’s probation program. The

President Biden recently marked the 31st anniversary of the Americans With Disabilities Act (ADA) by announcing that the Department of Health and Human Services and the Department of Justice have issued a joint memo setting forth new guidance on “Long COVID” as a disability under the ADA.Since the beginning of the COVID-19 pandemic, it has been a relatively uncontroversial proposition

Our firm represented an applicant to the California Department of Insurance who had applied for a Property and Casualty Broker-Agent License for the second time, after previously being denied in 2017.  The applicant had three convictions: two for receiving stolen property, and one for unauthorized use of identity, between 2010 and 2012.  The 2017 application contained a false statement regarding

Our office represented a licensee in 2020 who had earned a license only two years prior, in 2018.  Unfortunately, this client was arrested for DUI just a few months after earning the license, and ultimately pled guilty in 2019.  Having only been licensed for a year at the time of conviction, the client did not realize his reporting duty to