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EPSDT is not an alternative resource

Most of the names in these stories have been changed to protect privacy.

Molly DeJournett is 18 months old and has disabilities. Because she was born prematurely, she needs 24-hour monitoring and assessment to ensure she gets enough oxygen. Molly has In-Home Supportive Services (IHSS), Regional Center services, and Early Periodic Screening, Diagnosis and Treatment (EPSDT) nursing services.

Molly’s mother provides Molly’s IHSS services. When she asked for more IHSS hours to care for Molly, the Administrative Law Judge denied the request. He also ruled that Molly was not entitled to IHSS services to the extent that her EPSDT services duplicated those services. Molly’s mother asked for a rehearing, which was granted on the issue of whether IHSS could consider EPSDT services as alternative resources.

Attorneys from the Oakland office represented Molly and her mother in the rehearing. They argued that Molly’s EPSDT services should are not alternative resources.

The rehearing decision held that EPSDT services are not alternative resources. It also awarded Molly’s mother back wages of approximately 43 hours per month, retroactive to Molly’s original application to the IHSS program.

The award amounted to about 14 months of back wages, which will greatly help Molly and her family. Molly will still get about 132 hours of IHSS per month.

A finding that EPSDT cannot be considered an alternative resource to the IHSS program will help also many other children in situations similar to Molly’s.