A.A.A. v. Minnesota Department of Human Services

832 N.W.2d 816, 2013 WL 2320429, 2013 Minn. LEXIS 278
CourtSupreme Court of Minnesota
DecidedMay 29, 2013
DocketNo. A11-1831
StatusPublished
Cited by34 cases

This text of 832 N.W.2d 816 (A.A.A. v. Minnesota Department of Human Services) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.A.A. v. Minnesota Department of Human Services, 832 N.W.2d 816, 2013 WL 2320429, 2013 Minn. LEXIS 278 (Mich. 2013).

Opinions

OPINION

DIETZEN, Justice.

This case requires us to determine whether a person who is physically able to move without assistance, but who lacks the ability to direct his movement to a specific location, has a dependency in “mobility” under Minn.Stat. § 256B.0659 (2012). Appellant A.A.A. challenges the decision of the Commissioner of the Minnesota Department of Human Services (“DHS”), who found that appellant is not dependent in “mobility,” and therefore reduced his authorized personal care assistant (“PCA”) services covered through the Minnesota Medical Assistance program. The district court reversed the Commissioner’s decision, concluding that the statute does not require appellant to be physically incapable of mobility to be eligible for covered services. The court of appeals reversed the district court and reinstated the Commissioner’s decision because appellant is physically able to begin and complete moving from place to place without assistance. We affirm the court of appeals.

Appellant is a nine-year-old boy with severe autism, epilepsy, chronic seizures, chronic sinusitis and otitis, and sleep disturbances. Before 2010, appellant qualified for and received PCA services for dependencies in five activities of daily living (“ADLs”). They were dressing, grooming, bathing, eating, and toileting. He received additional PCA services because he had, among other things, behaviors resulting from cognitive deficits. Because appellant was determined to be independent in the activities of transfers, positioning, and mobility, appellant received no PCA services for those ADLs.

[818]*818On March 18, 2010, a public health nurse (“PHN”) visited appellant at his apartment to conduct a health care assessment of him, and then to determine his home care rating under the 2009 amendments to Minn.Stat. §§ 256B.0652, 256B.0659. See Act of May 14, 2009, ch. 79, art. 8, §§ 20, 21, 28, 31, 2009 Minn. Laws 690, 856-57, 875-90. The PHN assessed appellant as dependent in the same five ADLs for which he was previously found to be dependent; and not dependent in same three ADLs for which he was previously found to be independent. A base amount of PCA services per day was derived from appellant’s assessed dependencies, his behaviors, and his complex medical needs. The PHN also determined that appellant was entitled to additional PCA services due to certain behaviors, including increased vulnerability due to cognitive deficits, resistance to care, and aggression; his complex health needs due to his seizure disorder; and his critical dependencies in the ADLs of eating and toileting.

Based upon the assessment, the PHN recommended that appellant receive 390 minutes (6 hours, 30 minutes) per day of PCA time.1 The decrease from the previous PCA time of 462 minutes (7 hours 42 minutes) per day was due to the statutory amendments that limited PCA time for behavioral needs to 90 minutes per day. See Minn.Stat. §§ 256B.0652, subd. 6(c)(3) (2012), 256B.0659, subd. 4(d) (30 minutes per day for each of the three statutorily-defined behaviors). As a result of the PHN’s assessment, DHS notified appellant on March 24, 2010, that his authorized PCA services would be reduced from 462 minutes to 390 minutes per day.

Appellant challenged the reduction in his PCA time, and a DHS judge conducted an evidentiary hearing at which appellant’s father, mother, and physician testified. Following the hearing, the judge recommended that appellant’s PCA time be increased to 450 minutes per day because appellant “does not respond to verbal commands, [and] when he is walking, direct physical contact must continuously be maintained to cue and constantly maintain supervision.” Pursuant to Minn.Stat. § 256B.045, subd. 5 (2012), the Commissioner rejected the recommendation of the judge and affirmed DHS’s recommendation that appellant’s PCA time be reduced to 390 minutes per day. The Commissioner concluded that appellant “does not have a dependency in mobility because he is physically able to walk” and his need “to be supervised so that he does not harm himself while out walking in public” is “properly accounted for by the daily PCA time allotted for his behaviors.”

On appeal, the district court reversed the Commissioner’s decision, concluding that appellant was entitled to 450 minutes of PCA time per day. The court concluded that because appellant requires direct physical contact to maintain control while walking in public, he “must be continuously cued and constantly supervised” and therefore has a dependency in mobility. The court of appeals reversed, determining that the plain meaning of mobility is “‘moving’ (from place to place).” A.A.A. v. Minn. Dep’t of Human Servs., 818 N.W.2d 552, 556 (Minn.App.2012). The [819]*819court of appeals concluded that because appellant is “able to begin and complete moving from place to place without assistance, and he does not need cuing and constant supervision or hands-on assistance to do so,” he is not dependent in the ADL of mobility. Id. Consequently, the court of appeals concluded that appellant was entitled to only 390 minutes of PCA time per day. Id.

I.

Appellant argues that the court of appeals erred in concluding that he is not dependent in mobility under Minn.Stat. § 256B.0659, subd. 2(b)(6). According to appellant, he needs cuing and constant supervision to complete the task of mobility within the meaning of section 256B.0659, subdivision 4(b)(1), and therefore he is dependent in the activity of mobility. More specifically, appellant argues that his increased vulnerability when he is physically mobile is due to his cognitive deficits, which render him dependent in mobility.

The interpretation of a statute is a question of law that we review de novo. Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753, 758 (Minn.2010). When interpreting a statute we give the words and phrases of the statute their plain and ordinary meaning. Emerson v. Sch. Bd. of Indep. Sch. Dist. 199, 809 N.W.2d 679, 682 (Minn.2012). Moreover, we examine the language of a statute as a whole to give effect to all of its provisions. Minn.Stat. § 645.16 (2012). The first step in interpreting a statute is to examine the language to determine whether it is clear and unambiguous. Id. A statute is ambiguous if, as applied to the facts of the case, it is susceptible to more than one reasonable interpretation. Staab v. Diocese of St. Cloud, 813 N.W.2d 68, 72-73 (Minn.2012). If the statute is clear and not ambiguous, then we apply its plain and ordinary meaning. Emerson, 809 N.W.2d at 682. But if the statute is ambiguous, then we may look beyond the statutory language to determine legislative intent. See generally Minn.Stat. § 645.16.

To answer the question presented, we will first review the statutory framework governing the personal care assistance program to provide context. See Am. Family Ins. Grp. v. Schroedl, 616 N.W.2d 273, 277 (Minn.2000) (stating that we examine statutes as a whole and interpret each section in light of surrounding sections to avoid conflicting interpretations).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re the Estate of: Joanne Mary Ecklund, Decedent
Court of Appeals of Minnesota, 2023
Pitman Farms v. Kuehl Poultry, LLC
48 F.4th 866 (Eighth Circuit, 2022)
BFI Waste Sys. of N. Am., LLC v. Bishop
927 N.W.2d 314 (Court of Appeals of Minnesota, 2019)
In re Qwest Corp.
918 N.W.2d 578 (Court of Appeals of Minnesota, 2018)
State v. Decker
916 N.W.2d 385 (Supreme Court of Minnesota, 2018)
Verhein v. Piper
917 N.W.2d 96 (Court of Appeals of Minnesota, 2018)
In the MATTER OF the Application for Licensure of Nadeen GRIEPENTROG
888 N.W.2d 478 (Court of Appeals of Minnesota, 2016)
State of Minnesota v. David Lee Haywood
886 N.W.2d 485 (Supreme Court of Minnesota, 2016)
State of Minnesota v. David Lee Haywood
869 N.W.2d 902 (Court of Appeals of Minnesota, 2015)
State of Minnesota v. Roger Benedict Schmid
859 N.W.2d 816 (Supreme Court of Minnesota, 2015)
Alice Ann Staab v. Diocese of St. Cloud
853 N.W.2d 713 (Supreme Court of Minnesota, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
832 N.W.2d 816, 2013 WL 2320429, 2013 Minn. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaa-v-minnesota-department-of-human-services-minn-2013.