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SAMANTHA A. v. DEPT. OF SOCIAL SVCS.

No. 84325-2.

256 P.3d 1138 (2011)

171 Wash.2d 623

SAMANTHA A., Respondent, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant.

Supreme Court of Washington, En Banc.

Decided May 26, 2011.

Attorney(s) appearing for the Case

William Bruce Work , Edward J. Dee , Office of the Attorney General, Social and Health Services Division, Olympia, WA, for Appellant.

Regan Bailey , Susan L. Kas , Disability Rights Washington, Eleanor Hamburger , Sirianni Youtz Meier and Spoonemore, Seattle, WA, for Respondent.

Daniel S. Gross , Janet Chantal Varon , Northwest Health Law Advocates, Seattle, WA, amicus counsel for ARC of Washington State, National Health Law Program, Northwest Health Law Advocates, and TEAMCHILD.

Amy Louise Crewdson , Columbia Legal Services, Olympia, WA, amicus counsel for Columbia Legal Services.

C. JOHNSON, J.

¶ This case involves a challenge to a Department of Social and Health Services (DSHS) regulation, WAC 388-106-0213, that reduces the financial assistance payable for in-home personal care services (based upon the child's age and whether the child lives with a parent). The superior court found this regulation invalid as violating federal Medicaid comparability requirements under 42 U.S.C. § 1396a and Medicaid Early and Periodic Screening Diagnosis...

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