S.R. v. Dept. of Human Services – M.D.
Pa. – March 23, 2018
DHS
motion to dismiss denied in case brought by a plaintiff class of “all
Pennsylvania youth under the age of 21 who, now or in the future, are
adjudicated dependent and have diagnosed mental health disabilities.”
Plaintiffs
alleged that there have been “systemic failures in the Pennsylvania Child
Welfare and Medical Assistance programs. “
Section 1983
Counts
I and II are brought pursuant to 42 U.S.C. § 1983. (“Section 1983”). In Count I, Plaintiffs allege that
Defendants have violated Title XIX of the Social Security Act (“Title XIX” or
the “Medicaid Act”), 42 U.S.C. § 1396a(a)(10)(A) and 1396a(a)(43)(C). Title
XIX, Section 1396a(a)(10)(A) requires a state plan for medical assistance to
“provide for making medical assistance available” to a list of enumerated
eligible individuals. Section 1396a(a)(43) 5 requires the state plan to
“provide for informing all persons in the State who are under the age of 21 and
who have been determined to be eligible for medical assistance . . . of the
availability of early and periodic screening, diagnostic, and treatment
services.” Section 1396a(a)(43)(C) requires the plan to provide for arranging
those Early and Periodic Screening, Diagnosis and Treatment (“EPSDT”) services.
In
Count II, Plaintiffs allege that Defendants have violated Title XIX, Section
1396a(a)(8), which requires a state plan for medical assistance to “provide
that all individuals wishing to make application for medical assistance under
the plan shall have the opportunity to do so, and that such assistance shall be
furnished with reasonable promptness to all eligible individuals.”
Americans with
Disabilities Act
In
Count III, Plaintiffs allege that Defendants have violated the Americans with
Disabilities Act (“ADA”), 42 U.S.C. § 12131(2), Section 504 of the
Rehabilitation Act (“Section 504” or “RA”), 29 U.S.C. § 794, and their
respective implementing regulations. Plaintiffs allege that the Defendants’ policies
and practices fail to provide them with mental health services in the most
integrated setting appropriate, and fail to afford equal access to other
services to achieve stability and permanency based on their disabilities or the
severity of their disabilities.
