The Michigan Department of Health and Human Services (MDHHS) has received preliminary court approval for the settlement of litigation alleging that medically necessary intensive home and community-based services were not timely provided to Medicaid-eligible children and youth as required by Medicaid’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) provisions. This litigation is known as D.D. v. MDHHS; formerly known as K.B. v. MDHHS.
The Class Action Notice, which outlines a summary of the settlement’s terms, as well as the full Agreement, can be found on the MDHHS website. Class members include all Medicaid-eligible beneficiaries under the age of 21 in the State of Michigan for whom a licensed practitioner of the healing arts acting within the scope of practice under state law has determined, through an assessment, that intensive home and community-based services are needed to correct or ameliorate their emotional, behavioral, or psychiatric condition.
For questions or more information, refer to the settlement Agreement or email MDHHS-BCCHPS-Questions@michigan.gov.