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July 2007
 Rosie D., et al. v. Patrick Deval, et al.
The lawsuit, filed in 2002 as Rosie D. v.
Romney, alleged that the state failed to provide home-and
community-based services for children with serious emotional disturbances
(SED). A key complaint was the states failure to provide Early Periodic
Screening, Diagnosis, and Treatment (EPSDT) services, which are a
provision of the Medicaid Act. The lawsuit was filed in 2002, but was not
heard until 2005.
In January 2006, the judge in the case, (renamed Rosie D., et al. v.
Patrick Deval et al.) ruled that the state must provide home-and
community-based services for the states estimated 15,000 children with
SED. In addition, the judge noted that the state did not adequately
provide EPSDT, in-home behavioral and crisis services, case management,
and care coordination.
As the remedy ordered on July 16, 2007 by a federal judge regarding the
Rosie D. lawsuit, any child who meets criteria for SED as defined
by the Substance Abuse and Mental Health Services Administration or the
Individuals with Disabilities Education Act and who has a medical need
for services will be eligible for home-and community-based support and
treatment services.
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OPEN MINDS