Ruth v. Kizer

In Ruth v. Kizer (1992) 8 Cal. App. 4th 380, the court was concerned with whether the Department could exclude coverage for certain oxygen therapy equipment, which was otherwise defined as "durable medical equipment," but had been excluded by a departmental regulation barring coverage for experimental or investigational therapies. The Department was found to lack the authority to exclude coverage for such medical equipment as investigational therapy. Exercising independent review, the Court ruled that oxygen therapy equipment could meet the definitions for the required investigational coverage as "durable medical equipment."