Woods

Plaintiffs challenge the validity of a regulation (Department of Social Services Manual of Policies and Procedures § 30-463.233c) (MPP) issued by the Director, State Department of Social Services (Department), which denies payment to “housemates” for “protective supervision” services rendered to totally disabled persons. This result is compelled by the Department’s regulation which in effect volunteers the service of live-in housemates with a few, narrowly limited, exceptions.

The challenged regulation provides: “For service authorization purposes, no need for protective supervision exists when a housemate is in the home, unless the housemate who is present falls in one or more of categories 1, 2, or 3 listed in .235 b below, or if the housemate is the landlord or tenant of the recipient or if the housemate is a parent under the circumstances specified in .245.” (MPP § 30-463.233c.)

The trial court held this regulation invalid but granted the relief sought only to the individual plaintiffs who sought writs of mandate. Despite finding the regulation invalid the trial court denied any relief to the six organizations’ motions for class certification and for summary…