The Donegan lawsuit was filed in 2016 on behalf of disabled persons who receive funding for in-home shift nursing services from HFS through its non-waiver Medicaid program commonly known as the Nursing and Personal Care Services (NPCS) program, and who, upon attaining 21 years of age, were no longer eligible for the NPCS program and were allegedly subjected to reduced Medicaid funding for in-home shift nursing services. Plaintiffs allege violations of the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. Section 1983.
On December 21, 2017, the United States District Court for the Northern District of Illinois certified the case as a class action for the following individuals: "All persons in the state of Illinois who have been approved by Defendant for in-home shift nursing services when they were Medicaid-eligible children under the age of 21 through the non-waiver Medicaid program, formerly known as the Nursing and Personal Care Services (NPCS) program, and who are currently receiving such services. This class definition does not include those persons who are enrolled in the State of Illinois' Medically Fragile Technology Dependent (MFTD) Medicaid Waiver program."
In January of 2018, the parties sought the Court's approval of a proposed Settlement Agreement to resolve the class action. On January 24, 2019, the Court granted Preliminary Approval of the Settlement Agreement. The Settlement Agreement requires the Department to revise existing processes to evaluate the need for in-home shift nursing services for individuals who may age-out of the NPCS program and to assist individuals in obtaining in-home shift nursing beyond age 21 if necessary. The Court will hold a Fairness Hearing regarding the fairness, reasonableness, and adequacy of the proposed Settlement Agreement on April 17, 2019.