Kathryn E. Doi

When the California Department of Health Care Services (“DHCS”) stopped reimbursing Medi-Cal providers for adult dental, podiatry, and chiropractic services, Kathryn was the lead attorney in successful federal court litigation to challenge the elimination of these benefits when provided by rural health clinics and Federally qualified health centers (RHCs and FQHCs). (California Association of Rural Health Clinics v. Douglas (9th Cir. 2013) 738 F.3d 1007.) In connection with this lawsuit, Kathryn and her co-counsel brought a petition for a writ of mandate to successfully compel production of DHCS documents in response to a request under the California Public Records Act. In October 2013, Kathryn and her co-counsel received the “Hero Award” from the California Primary Care Association for these efforts. Kathryn and her co-counsel subsequently successfully brought a petition for a writ of mandate to compel DHCS to reimburse the RHCs and FQHCs for reimbursement for these services during the period the appeal was pending. (American Indian Health & Services Corp. v. Kent (3rd Dist. 2018) 24 Cal.App.5^th 772.)

When workers compensation insurers reduced their payments to air ambulance companies based on the California Official Medical Fee Schedule, Kathryn represented an air ambulance company in a federal court challenge to the imposition of the fee schedule on air ambulance companies on the grounds the preemption provision of the federal Airline Deregulation Act prevents the State from regulating the prices of air ambulances under the Supremacy Clause. (California Shock Trauma Air Rescue v. State Compensation Ins. Fund (9th Cir. 2011) 636 F.3d 538.) When the Ninth Circuit concluded that it lacked the authority to hear the dispute, Kathryn represented the air ambulance company in rulemaking proceedings that resulted in an exemption for air ambulance companies from the fee schedule. (See Cal. Code of Regs., tit. 8, § 9789.70(c).)

Along with Bay Area Legal Aid and the National Health Law Program, Kathryn and her team represented unaccompanied refugee minors in a petition for writ of mandate against DHCS seeking orders of the court compelling the department to comply with its ministerial duty to provide unaccompanied refugee minor (URM) youth with full-scope Medi-Cal benefits as are provided to other foster care and former foster care youth in the State. The case was resolved via a settlement wherein the department agreed to ensure that eligible URM youth would be enrolled in Medi-Cal and receive full-scope Medi-Cal benefits. (Kathem v. Lightbourne, Alameda County Superior Court, Case No. RG15764567.)

Kathryn has represented Federally-qualified health centers and other providers in a variety of disputes with the California Department of Health Care Services over Medi-Cal reimbursement. Resolution of these disputes has been achieved through meetings with the department, correspondence with the department, settlement conferences, or administrative proceedings before the DHCS Office of Administrative Hearings and Appeals.

Kathryn has also successfully represented hospitals in disputes with commercial health plans over the proper interpretation of provisions of the parties’ managed care contracts or letters of agreement. Some of these disputes have resulted in settlements, others have been resolved through arbitration proceedings or superior court proceedings.

Kathryn also represents hospitals and physician groups in disputes over reimbursement for the provision of non-contracted emergency services.

Creating Success for Clients, Comstock's Magazine (March 2021)