Preliminary Approval Given for Class Action Settlement Involving Medicaid Eligible Children in Illinois Diagnosed with Mental Health and Behavioral Disorders and Needs
Settlement resolves a lawsuit filed by Robert H. Farley, Jr. in Federal Court in 2011, impacting 20,000 to 40,000 children.
Attorney Robert H. Farley, Jr. is pleased to announce that on September 6, 2016, Federal Judge Jorge L. Alonso has given preliminary approval of a Class Action Settlement concerning all Medicaid eligible children under the age of 21 in the State of Illinois who have been diagnosed with a mental health or behavioral disorder and need intensive Home and Community Based Services to treat their disorders.
The Settlement was reached to resolve a lawsuit filed by Robert H. Farley, Jr. in Federal Court in 2011. The lawsuit claims that the Director of the Illinois Department of Healthcare and Family Services ("HFS") violated federal laws by failing to provide medically necessary community-based mental health and behavioral services as required under Medicaid and the Americans with Disabilities Act (ADA).
The Settlement Agreement requires the State of Illinois to insure the availability of services, supports and other resources so that the children can receive the appropriate treatment for their mental health or behavioral disorders. Children served will receive an Individual Plan of Care that will set forth the specific services that will be provided to the child, including the frequency, intensity and providers of such services.
On December 21, 2016 Judge Alonso will conduct a Fairness Hearing to determine whether the terms of the Settlement Agreement are fair, reasonable, and adequate, and should be approved by the Court.