MORAGA -- The parents of a 4-year-old Moraga boy who suffers from a rare form of dwarfism filed a lawsuit Monday asking that an HMO be required to refer the boy to an East Coast doctor who specializes in treating the condition.

Arnold Levinson, the attorney for Mark and Kimberly Zembsch, said the suit asks for Health Net Inc. "to provide the care necessary to save the life of their young son," Jack Zembsch.

The suit, which was filed in Alameda County Superior Court, accuses Health Net of breach of contract, fraud, intentional infliction of emotional distress and insurance bad faith.

David Olson, a senior vice president of communications for Health Net, a large health maintenance organization is based in Woodland Hills, said the company has decided to pay for a consultation for Jack with Dr. William Mackenzie at the Alfred I. DuPont Hospital for Children in Delaware.

Olson said Health Net also has asked for an independent medical review board to an expedited review of the question of whether an original referral of the University of California at San Francisco was appropriate.

"We'll do whatever they (the medical review board) recommend," Olson said.

Olson said that at this point Health Net believes the decision by the Berkeley-based Alta Bates Medical Group to refer Jack to UCSF was appropriate because "UCSF is a great facility and they have a specialized spinal deformity team."

Levinson said, "The people at UCSF are fantastic and they have a wonderful facility, but unfortunately they have no expertise with this condition."

Levinson said Jack's parents "want Dr. Mackenzie to call the shots" and don't want to have to ask Health Net for authorization every time.

Levinson said Jack's treatment could cost millions of dollars in the long run because he may need 10 to 20 surgeries over the years.

"He's in constant danger of paralysis, pain or death" yet essentially has had no treatment, Levinson said.

Olson said Jack has seen Dr. Mackenzie "on numerous occasions," but Levinson said Jack has only seen the doctor at medical conferences and not in his office.

Levinson said Jack's parents will take him to see Dr. Mackenzie at his office this Thursday at their own expense and will wait and see if Health Net reimburses them.