S.A.H. ex rel. S.J.H. v. Department of Social & Health Services

136 Wash. App. 342
CourtCourt of Appeals of Washington
DecidedDecember 19, 2006
DocketNo. 24198-0-III
StatusPublished
Cited by2 cases

This text of 136 Wash. App. 342 (S.A.H. ex rel. S.J.H. v. Department of Social & Health Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.A.H. ex rel. S.J.H. v. Department of Social & Health Services, 136 Wash. App. 342 (Wash. Ct. App. 2006).

Opinion

¶1 Eligible Medicaid recipients under the age of 21 are entitled to early and periodic screening, diagnosis, and treatment (EPSDT) for physical and mental defects. 42 C.F.R. § 441.50. Included in this benefit is necessary assistance with transportation to and from providers. 42 C.F.R. §§ 431.53, 441.62.

Schultheis, A.C.J.

¶2 S.J.H., a child with autism, is a Medicaid recipient living in Colville. The Washington Department of Social and Health Services (DSHS) provided S.H. with EPSDT assistance to attend therapy in the Tri-Cities area, including weekly travel to and from the Tri-Cities and housing there. After he received benefits for almost two years, DSHS terminated coverage, asserting that the Colville School District could provide the same treatment less expensively. His appeal was denied by the DSHS Board of Appeals (Board), which was affirmed by superior court order.

¶3 On appeal to this court, his mother, S.A.H., contends DSHS violated its federally-mandated duty to provide transportation to any necessary services under the EPSDT program. She also seeks reimbursement for increased food costs during a period before the benefits were terminated. We conclude that DSHS is required to provide medically necessary transportation to services outside a client’s local community only if there is no local provider of those services. Because the Board properly ruled that DSHS was not required to transport S.H. to Richland once the neces[345]*345sary therapy was available in Colville, we affirm. We also affirm the Board’s refusal to consider Ms. H.’s request for increased meal costs because she failed to exhaust administrative remedies.

Facts

¶4 S.H. was born in the spring of 1994 with autism. In 1996, he began attending special education classes in the Colville School District, but made little progress. The school district entered into an agreement with the H.s in 1998 to provide Applied Behavioral Analysis (ABA) therapy for S.H. in his home. ABA therapy was recommended by his doctor as particularly effective for certain autistic children.

¶5 Unfortunately, the school district did not adequately staff or oversee the ABA home therapy program, in part due to conflicts between the providers and Ms. H. In June 2000, Ms. H. withdrew S.H. from the school district, complaining that it failed to include her as a member of the education planning team and that some of the aides were not properly trained. After obtaining private therapy for her son in the Colville area for a while, Ms. H. began taking him to a private speech therapist in Kennewick in June 2001. Later, in 2002, the private therapist began providing S.H. with ABA therapy through the Richland School District.

¶6 In July 2001, Ms. H. called Allen Richards of the Medical Assistance Administration (MAA), the transportation division of DSHS. Mr. Richards monitors the contracts of providers who transport Medicaid clients to necessary services. Ms. H. requested transportation assistance to and from the Tri-Cities, including food and lodging during the week in the Tri-Cities and transportation back to Colville for the weekends. She told Mr. Richards she had to go to the Tri-Cities for her son’s therapy because the Colville School District had terminated services and because he had been injured by a school district employee. The alleged injury incident occurred in March 2000, when Richard Payette, a paraprofessional working for the school district, attempted [346]*346to confine S.H. during a tantrum. As S.H. screamed and threw puzzle pieces, Mr. Payette pushed the puzzle table close to S.H.’s chair near the wall and confined him there. Ms. H. responded to S.H.’s screaming and claimed she found a bruise on his hip. She did not allow Mr. Payette to see the bruise. S.H. soon calmed down and finished the puzzle.

¶7 Mr. Richards approved Ms. H.’s request for transportation. As a result, Ms. H., S.H., and his two older siblings began a weekly schedule of riding to Richland, staying in a rented residence there during the school week, and returning to Colville every weekend.1 DSHS spent approximately $3,000 per month for the cost of transportation, food, and lodging of the H.s in Richland. S.H. thrived in the Richland ABA program.

¶8 In March 2003, DSHS denied Ms. H.’s request for continued transportation, food, and lodging assistance. Dr. Eric Houghton of DSHS notified Ms. H. that Colville School District officials assured him they would make ABA therapy available to S.H. if she brought him back there. Because the school district could provide an “equally effective, less expensive alternative,” Dr. Houghton explained, the MAA was denying payment for the cost of attending therapy in Richland. Clerk’s Papers (CP) at 140. To provide the school district lead time to prepare for S.H.’s therapy, the MAA would continue to pay for transportation, food, and lodging in Richland until the end of the current school year in June 2003. In August 2003, the school district asserted it could set up an ABA program and train the required personnel within two months.

¶9 Ms. H. appealed DSHS’s decision in May 2003. She argued that the Colville School District had failed before to provide proper therapy for S.H. and that a school district employee had injured her son. Stating, “I cannot and will not place my son in harm’s way again” (CP at 142), Ms. H. requested continued ABA therapy in Richland, with trans[347]*347portation and other necessary related services, and an increase in the daily meal assistance.

¶10 An administrative law judge (ALJ) held a telephonic hearing in September 2003. Finding that Ms. H.’s credibility was questionable, the ALJ nevertheless concluded that the ABA therapy received in Richland was medically necessary and “that the nonexistent potential Colville program cannot be an equally effective available treatment.” CP at 63. DSHS’s decision denying Ms. H.’s request for continued transportation, food, and lodging assistance was reversed. However, the ALJ found insufficient information in the record to support jurisdiction over the appeal of the original reduction in food assistance.

¶11 DSHS filed a petition for review of the ALJ’s initial decision. On March 12, 2004, the Board entered a final order modifying the initial decision by holding that the MAA was not required to transport the H.s to Richland once ABA therapy was available for S.H. in Colville. The Stevens County Superior Court affirmed the Board on April 29, 2005, and Ms. H. timely filed a notice of appeal to this court.

State Limitation on EPSDT Services

¶12 Ms. H. contends DSHS failed to meet Medicaid requirements when it denied S.H. transportation and related services necessary for his therapy. In particular, she argues that ABA therapy—a necessary medical treatment—was not available in Colville. Consequently, she asserts, DSHS was required to provide necessary EPSDT services outside of Colville, with attendant transportation, food, and lodging services. The Board ruled that DSHS was not required to transport S.H. and his family to Richland once the necessary ABA therapy services were available in Colville.

¶13 On review of the Board order, this court applies the standards for review of an administrative decision directly to the record before the agency. Tapper v. Employ

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Samantha A. v. Department of Social & Health Services
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Bluebook (online)
136 Wash. App. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sah-ex-rel-sjh-v-department-of-social-health-services-washctapp-2006.