One case this past week, dealing with what the Human Services Board (HSB) has authority to do. More specifically, this week's case deals with whether the HSB can grant relief to an individual seeking restoration of Medicaid services administered by the Department of Aging and Independent Living (DAIL).
Spoiler alert. SCOV concludes the HSB does, in fact, have such authority.
K.M. is a disabled adult, who is supposed to receive more than thirty hours of support services each week. Since "the panny," however, K.M. has received no more than five hours of support services per week. Now, I'm no mathmagician, but I know that five is a lot less than thirty. The lack of services has affected K.M.'s health in various ways.
K.M. petitioned the HSB seeking an order directing DAIL to provide his mysteriously missing services. The HSB dismissed the petition, reasoning that it couldn't grant relief because the request was too vague and it doesn't have the power to issue declaratory relief or an injunction.
SCOV says, and I am paraphrasing, "Well, that's partially true." SCOV explains that the HSB can't issue injunctions or declaratory relief willy-nilly without regard to the individual's situation, but it can still provide "appropriate relief" to someone like K.M. SCOV also concludes that K.M.'s request for relief was not too vague to be acted upon. He was asking for the services to which he is entitled, not some amorphous bundle of as-yet-to-be-determined stuff.
Accordingly, SCOV sends this one back to the HSB for further proceedings. In re Appeal of K.M., 2024 VT 63.
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