The N.B. lawsuit was filed in 2011 on behalf of Medicaid-eligible children under the age of 21 in the State of Illinois seeking certain mental and behavioral health services under the Early and Periodic Screening, Diagnostic, and Treatment (“EPSDT”) requirement of the Medicaid Act. On February 13, 2014, the United States District Court for the Northern District of Illinois certified the case as a class action for the following individuals: “All Medicaid-eligible children under the age of 21 in the State of Illinois: (1) who have been diagnosed with a mental health or behavioral disorder; and (2) for whom a licensed practitioner of the healing arts has recommended intensive home- and community-based services to correct or ameliorate their disorders.”
In October of 2017, the parties sought the Court’s approval of a proposed Consent Decree to resolve the class action. Federal Judge Jorge Alonso granted preliminary approval to the proposed Consent Decree on October 27, 2017 and conducted a Fairness Hearing on December 19, 2017. Judge Alonso entered the order granting final approval to the N.B. Consent Decree on January 16, 2018, finding the Consent Decree to be fair, adequate, and reasonable. The N.B. Consent Decree requires the Department to develop, through an Implementation Plan, a behavioral health delivery Model to provide Class Members with a continuum of Medicaid-authorized and required mental and behavioral health services, including home- and community-based services. For more information on the N.B. Consent Decree, please see the final Consent Decree entered by the Court and the Court’s January 16, 2018 final approval order available below.
The N.B. Consent Decree requires an Expert to evaluate, provide input, and report to the parties and the Court during implementation of the requirements of the N.B. Consent Decree. On June 19, 2018, the Court approved Mr. John O'Brien to be the N.B. Consent Decree Expert.
N.B. Consent Decree Documents