August 24, 2010 (FRESNO) - Fresno Superior Court Judge Jeff Hamilton issued a writ directing Fresno County to stop denying health coverage in its Medically Indigent Services Program (MISP) to low-income people who can't afford the cost of their medical care. MISP is the County's health coverage program for poor residents who aren't eligible for health coverage through the state's Medi-Cal program or through an employer. In February, the Fresno County Board of Supervisors voted to limit eligibility for MISP for County residents who earned more than 198% of the Federal Poverty Guidelines ($1788 for an individual).
In his decision Judge Hamilton ruled that the County's eligibility cap was unlawful. He noted that, when it adopted the cap, the Fresno County Board of Supervisors had evidence before it that indicated that some Fresno residents, despite earning incomes above the cap, would not be able to afford the full cost of the medical care they need.
Petitioner David Piercy, is a Clovis man who sued the County when he was denied help to pay for epilepsy drugs because his monthly income was $24 above the county's cut-off. Piercy noted that the monthly cost of his drugs was more than his income. "There was no way I could afford the care I needed on my income," he explained, "but the County wasn't willing to look at my situation and help me." Piercy now has Medi-Cal, but hopes that his victory against the County will help others in similar situations, "the County is there to be a safety net for us when we have nowhere else to turn. Now the County can't turn away people who are really sick without looking at whether they can actually afford the cost of the medical care they need."
Central California Legal Services and the Western Center on Law & Poverty filed the lawsuit on Piercy's behalf in September 2008, challenging MISP eligibility limits that were then set at 56% of the Federal Poverty Guidelines. In February, the Fresno County Board of Supervisors raised eligibility levels significantly, but retained an upper cap on care.
Judge Hamilton ordered the County to revise its eligibility policies to make sure that the policies don't exclude people based solely on their income. The County must devise a more flexible policy that takes account of the cost of applicants' medical care and the resources available to them.
"If someone has cancer that requires thousands of dollars each month in treatment, no insurance plan is going to provide coverage. Even if that person makes $2000 a month, there's no way he can pay out-of-pocket. This ruling ensures that the County will take these factors into account. We look forward to working with the County to implement this decision so that Fresno residents can get care when they most need it, so that the County truly serves as a last-resort provider for those who have nowhere else to turn," states CCLS Attorney Yolonda Reeves.
Western Center on Law & Poverty attorney Abbi Coursolle noted that Judge Hamilton's decision could help over 150,000 Fresno residents. She stated, "we hope that no residents ever have to turn to the County for help; but if they do, this ruling will ensure that they don't have to incur enormous debts or face bankruptcy just because they got the care that they needed."
CCLS Exectutive Director, Chris Schneider stated: "This represents a great victory for low-income residents of Fresno County. CCLS is pleased to have had the opportunity to represent Mr. Piercy and to have co-counsel this case with Western Center on Law and Poverty. Western Center bring a great deal of expertise to the table."
The Western Center on Law and Poverty is an independent nonprofit law firm founded in 1967 as a joint legal clinic of the law schools of USC, UCLA and Loyola. The organization brings about system-wide change on behalf of low-income individuals and families through pivotal impact litigation; hard hitting advocacy; negotiations with state and local government; and support for local legal aid programs.
See FRESNO BEE article.








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