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Name: In re Eric. S.
Case #: A125758
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 04/23/2010

Victim restitution orders in delinquency proceedings may include amounts billed by an HMO for medical services even when the victim is an HMO member not required to pay for those services. The victim, a Kaiser subscriber, received medical treatment at Kaiser for injuries caused by the minor. Over objection that restitution should be limited to the victim’s out of pocket expenses, the juvenile court’s restitution order included the cost of the victim’s medical treatment by Kaiser. Considering the purposes of the juvenile restitution statute (Welf. & Inst. Code, § 730.6) which are rehabilitation, deterrence, and making the victim whole, the court concluded a restitution order should fully compensate the victim regardless of potential third-party reimbursement. The court agreed with People v. Duong (2010) 180 Cal.App.4th 1533, that a defendant should not be shielded from paying restitution because a victim fortuitously purchased membership in an HMO. Despite no out-of-pocket costs to the victim, charges were still incurred on behalf of the victim because of the minor’s conduct. But, the court limited the order to out of pocket expenses actually paid by the insurer, not the full amount billed by the medical providers because that is the amount the providers accepted as payment in full from the insurance carried.