HIV/AIDS Healthcare Group Sues California, Alleges Failure To Extend Medicaid

AIDS Healthcare Foundation, the nation's largest HIV/AIDS healthcare, prevention and education Provider, has filed a lawsuit, accusing the state of ignoring California law and refusing to provide care for HIV/AIDS patients.

Nearly five years after California Governor Gray Davis signed a landmark bill to extend Medicaid (Medi-Cal) coverage to HIV-positive, non-disabled individuals statewide, AIDS Healthcare Foundation says the Department of Health Services has dragged its feet implementing the law.

The 2002 AIDS Care Bill was intended to extend Medi-Cal coverage to HIV-positive, non-disabled Californians.

But according to a lawsuit filed Wednesday in Superior Court, Los Angeles California's Department of Health Services, "...has failed to comply with any requirements contained in [the law]. As a result, no additional Californians have received Medi-Cal coverage and the attending medical care and treatment. AHF has submitted a request to DHS under the Public Records Act for all documents demonstrating compliance with AB 2197, but thus far has received no formal response or documents."

Michael Weinstein, AIDS Healthcare Foundation President said that the DHS inaction on the law bordered on the criminal.

"At the time of its initial passage, I noted that the bill was the most important piece of AIDS legislation in California in a decade," said Weinstein.

"It does absolutely no good to have such visionary legislation if state bureaucrats are unable or unwilling implement it, so we are filing this action to compel California to comply with the law."

The lawsuit asks the court to find the Department of Health Services did in fact violate, and continues to violate the law.

It also seeks a writ of mandate from the court directing DHS and its Director, Sandra Shewry, to comply with all applicable provisions of the law."

"We know HIV-positive people can lead longer, healthier lives if they are in care and on treatment, so I'd urge state officials to quickly comply with and honor the intent of this legislation," said Dr. Charles Farthing, Chief of Medicine for AIDS Healthcare Foundation.

The foundation operates 12 HIV/AIDS treatment clinics in California, as well as clinics in other states and in Africa, Latin America, the Caribbean and Asia.