42 C.F.R. § 441.57
Discretionary services
Under the EPSDT program, the agency may provide for any other medical or remedial care specified in part 440 of this subchapter, even if the agency does not otherwise provide for these services to other beneficiaries or provides for them in a lesser amount, duration, or scope.
Notes of Decisions
Cited in 9
cases, 1992–2010 · leading case: S.D. Ex Rel. Dickson v. Hood, 391 F.3d 581 (5th Cir. 2004).
S.D. Ex Rel. Dickson v. Hood, 391 F.3d 581 (5th Cir. 2004). “See 42 CFR § 441.57 . By 1989 Congress had become concerned that, because,the original EPSDT health care, services and treatment provision was optional and not described in detail in the statute, many states had chosen not to provide EPSDT-eligible children 'all the care and…”
Westside Mothers v. Haveman, 133 F. Supp. 2d 549 (E.D. Mich. 2001). “§§ 1396a(a)(43) and 1396d(r)(l)(A) and (B), 42 C.F.R. § 441.57 , and various HHS policy directives; (2) EPSDT treatment services required by 42 U.”
John B. v. Dave Goetz, 626 F.3d 356 (6th Cir. 2010). “§§ 1396a(a)(43), 1396d(r)(1) and 42 C.F.R. § 441.57 ; (2) not requiring participating HMOs to provide the necessary health care, diagnostic services, and treatment required by 42 U.”
Westside Mothers v. Olszewski, 454 F.3d 532 (6th Cir. 2006). “§§ 1396a(a)(43), 1396d(r)(l) and 42 C.F.R. § 441.57 ; (2) not requiring participating HMOs to provide the necessary health care, diagnostic services, and treatment required by 42 U.”
Westside Mothers v. Haveman, 289 F.3d 852 (6th Cir. 2002). “They alleged that the defendants had refused or failed to implement the Medicaid Act, its enabling regulations and its policy requirements, by (1) refusing to provide, and not requiring participating HMOs to provide, the comprehensive examinations required by §§ 1396a(a)(43) and…”
John B. Ex Rel. L.A. v. Goetz, 661 F. Supp. 2d 871 (M.D. Tenn. 2009). “§§ 1396a(a)(43), 1396d(r)(Z) and 42 C.F.R. § 441.57 ; (2) not requiring participating HMOs to provide the necessary health care, diagnostic services, and treatment required by 42 U.”
Miller Ex Rel. Miller v. Whitburn, 816 F. Supp. 505 (W.D. Wis. 1993). “42 C.F.R. § 441.57 provides that state agencies “may provide for any other medical or remedial care specified in Part 440 of this sub-chapter, even if the agency does not otherwise provide for these services to other recipients or provides for them in a lesser amount, duration,…”
Salgado v. Kirschner, 836 P.2d 995 (Ariz. Ct. App. 1992). “Specifically, it allows states to provide additional early periodic screening, diagnosis, and treatment services (EPSDT services) under 42 U.S.C. § 1396d(a)(4)(B), "even if the agency does not otherwise provide these services to other recipients or provides them in a lesser…”
John B. v. Dave Goetz (6th Cir. 2010). “§§ 1396a(a)(43), 1396d(r)(1) and 42 C.F.R. § 441.57 ; (2) not requiring participating HMOs to provide the necessary health care, diagnostic services, and treatment required by 42 U.”
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