Friestad Law Firm health care cases before the California Supreme Court  Cimmaron Olszewski v. Scripps Health, et al. The case of Olszewski v. Scripps Health, which was argued before the California Supreme Court by the Friestad Law Firm rendered a decision which heralds a drastic change for medical providers seeking payment from liable third parties when Medi-Cal funds are available for patients. The court addressed the issue and scope of federal preemption as the basis for its decision in Olszewksi holding that federal Medicaid statutes and regulations, limiting provider reimbursement, preempted California law that had allowed hospitals or medical providers to seek payment for the full charges over and beyond what Medicaid would charge. The Court reached this opinion "reluctantly," saying the policy "harms society as a whole" by prohibiting hospitals and patients from recovering additional payment for care from third parties who actually caused patient injuries. For further information regarding Olszewski, please contact Christine Friestad at (619) 232-4433. You may download Scripps Health's brief to the California Supreme Court in PDF format [370k]. See related article by Shawn Friestad.  Paul E. McMeans v. Scripps Health, et al. Deborah Giles of counsel for the Friestad Law Firm will appear before the California Supreme Court to argue in favor of hospitals' statutory lien rights under the Hospital Lien Act ("HLA"), Civil Code Section 3045.1 et seq., in instances when hospitals have contracted with patients' insurers to accept discounted sums for treating the patients. The HLA was enacted to transfer the financial burden of providing emergency and trauma medical care from hospitals to the third parties that cause the injuries necessitating care. The well-publicized health care funding crisis has made the revenue generated by the HLA increasingly important to the fiscal stability of California's emergency rooms and trauma centers. The California Supreme Court accepted McMeans for review on November 26, 2002 but has deferred briefing in the case but has scheduled Parrell (see below) for briefing ahead of McMeans. For further information regarding McMeans, please contact Christine Friestad at (619) 232-4433. You may download Scripps Health's brief to the California Supreme Court in PDF format [228k].  Joel K. Parnell v. Adventist Health System West The Friestad Law Firm continues to represent the interest of California hospitals as Amicus Curiae in Parnell, a 5th Appellate District case addressing the same legal issues presented in McMeans. The California Supreme Court accepted Parnell for review on June 11, 2003 and is currently in the briefing process. For further information regarding Parnell, please contact Christine Friestad at (619) 232-4433. You may download Scripps Health's Amicus Curiae brief to the California Court of Appeal, Fifth Appellate District in PDF format [257k].