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N. v. Hawkins
No. 6:99CV459 (E.D. Tex. filed October 11, 2005) ; Clearinghouse Number: 52964
Description
Settlement Reached in Challenge to Texas’ Failure to Provide In-Home Health Care Services to EPSDT-Eligible Children
Abstract
The parties reached a settlement in this class action challenging
Texas officials’ policies and practices that resulted in the
systematic denial of medically necessary in-home health services to
Medicaid-eligible children and young adults with disabilities and
chronic health conditions. Plaintiffs claimed that they were
entitled to these services under the Early and Periodic Screening,
Diagnostic, and Treatment program (EPSDT). Under the terms of the
settlement, the Texas Health and Human Services Commission will
timely authorize all medically necessary benefits. Medically
necessary services and durable medical equipment will not be denied
or reduced based solely on a recipient’s diagnosis, type of
illness, condition, or functional limitations. Quantities of
durable medical equipment—whether new or replacement
items—will not be subject to an absolute cap based on amount
or frequency of replacement. Commission will authorize all
medically necessary nursing services that correct or ameliorate a
child’s disability, physical or mental illness, or condition.
Commission will not apply a cap on the amount of medically
necessary nursing services available to children. Commission will
implement a new personal care services benefit by September 1,
2006, for children who require assistance on activities of daily
living. The personal care service policies and procedures will
promote the health, safety, and well-being of children in the
context of their family and the community by taking into
consideration the parents’ or guardians’ need to sleep,
work, attend to their own medical needs, meet the needs of other
dependents, and ability to perform the task. Commission will train
appropriate state agency staff, providers, contractors, and managed
care organizations on the requirements of the settlement agreement
and the new policies developed from the agreement. Commission will
convene a work group to help create new service plan forms to
request authorization for nursing and personal care services.
Additional Information
Files
- Amended Complaint
- Second partial settlement agreement
- Order approving, adopting, and incorporating second partial settlement agreement
- Plaintiffs' motion for class certification pursuant to Fed. R. Civ. P. 23(a) and (b)(2)
- Plaintiffs' brief in support of their motion for class certification
- Plaintiffs' reply to defendants' response to plaintiffs' motion for class certification
- Partial settlement agreement
- Second amended complaint
- Second joint stipulaton of voluntary partial dismissal
