Miller v. Obledo

Opinion

FILES, P. J.

This mandamus proceeding was brought in the superior court to review a decision of the State Department of Health suspending petitioner, a licensed optometrist, from participating in the California Medical Assistance Program (Medi-Cal) for a period of one year. The issues argued on this appeal relate only to the legality of an inspection of petitioner’s records which led to the disciplinary proceeding. We have concluded that the inspection was authorized by Welfare and Institutions Code sections 14124.1 and 14124.2, as a part of a regulatory system, and that an inspection so authorized did not violate the Fourth Amendment to the federal Constitution or California Constitution, article I, section 19 (now § 13).

On May 2, 1974, State Investigator Caldwell went to petitioner’s office. There he met petitioner and requested copies of records relating to optometric services provided to 14 named patients. Petitioner telephoned his attorney, who then spoke with the investigator and told him that the requested copies “could be released.” Petitioner then told the investigator to come back the following day to pick up the copies. Petitioner stated he would be away, but an employee would turn over the copies.

On May 3 the investigator came back to the office and requested petitioner’s employee to give him copies of records of 55 additional patients. The employee complied.

[716]

On May 6 the investigator telephoned petitioner and told him what he had obtained, and asked permission to keep the additional records. Petitioner said that was “permissible.”

On May 16, at the investigator’s request, petitioner supplied copies of records of seven additional patients.

Since we have concluded that the inspection of the records was authorized by statute, we do not reach petitioner’s contention that his consent did not include the copying of the 55 patients’ records on May 3.'

Welfare and Institutions Code section 14124.1 required each provider of health care services under Medi-Cal to maintain records of each service rendered.

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