The O.B. lawsuit was filed in 2015 on behalf of both waiver and non-waiver Medicaid-eligible children under the age of 21 in Illinois approved for in-home shift nursing care but who were not receiving the amount of nursing services for which they were approved. Plaintiffs alleged violations of the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) requirement of the Medicaid statute (through Section 1983), the community-integration mandate of the Americans with Disabilities Act (as interpreted in Olmstead v. L.C.), and the Rehabilitation Act.
On May 17, 2016, the Court certified a class under the Federal Rules of Civil Procedure 23(b)(2) defined as "All Medicaid-enrolled children under the age of 21 in the State of Illinois who have been approved for in-home shift nursing services by the Defendant, but who are not receiving in-home shift nursing services at the level approved by the Defendant, including children who are enrolled in a Medicaid waiver program, such as the Medically Fragile Technology Dependent (MFTD) Waiver program, and children enrolled in the nonwaiver Medicaid program, commonly known as the Nursing and Personal Care Services (NPCS) program."
In July of 2018, the parties sought the Court's approval of a proposed Consent Decree to resolve the class action. On August 15, 2019, the Court granted Preliminary Approval of the Consent Decree. The Consent Decree requires the Department to take certain actions to enhance the abilities of class members to receive in-home shift nursing services at the levels approved by the Department in compliance with the law. The Court will hold a Fairness Hearing regarding the fairness, reasonableness, and adequacy of the proposed Consent Decree on November 5, 2019.
O.B. Consent Decree Documents