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 DD v. MDHHS; formerly known as KB 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.

 As a recipient of this communication, MDHHS requests that you take appropriate action to share the Class Action Notice and full Agreement on your organization’s website; with your provider networks, if applicable based on your agency; and via any other venue determined appropriate to notify potential class members and other persons who may be interested in the outcomes of the settlement.

 MDHHS is happy to schedule an informational session, as requested, to address questions about the impact of this settlement.

 Questions or requests for an informational session can be directed to MDHHS-BCCHPS-Questions@michigan.gov.