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NEWS RELEASE

Notice of Class Action Settlement for Persons Who Receive In-Home Shift Nursing Services Through the Nursing and Personal care Services (NPCS) Program

JANUARY 28, 2019 - Naperville, Illinois - Attorney Robert H. Farley, Jr. Attorney for the Plaintiffs and Class, is pleased to announce that on January 28, 2019, Federal Judge Robert M. Dow, Jr. has given preliminary approval of a Class Action Settlement concerning Medicaid-eligible who received funding for in-home shift nursing services 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 subjected to reduced Medicaid funding for in-home shift nursing services.

The Settlement was reached to resolve a Class Action lawsuit filed by Robert H. Farley, Jr. in Federal Court in December 2016. The lawsuit sought to compel the State of Illinois to stop discriminating between disabled persons aging out of the NPCS program and disabled persons aging out of the State of Illinois' Medically Fragile, Technology Dependent (MFTD) program, as disable persons I the MFTD program continue to receive in-home shift nursing services based on medical necessity after they reach the age of 21 while disabled persons in the NPCS program do not.

The Settlement Agreement requires the State of Illinois upon the request of the individual or someone acting on their behalf, at any time prior to six months before the individual reaches the age of 21 years, to be evaluated as to whether they will qualify for nursing services in the Medically Fragile Technology Dependent (MFTD) waiver program. If denied nursing services in the MFTD program, the individual may make a request for nursing services in the Home Services Program (HSP). If the State determines in order to provide in-home nursing services in order to maintain the Class Member in the community, then the individual Service Cost Maximum or Exceptional Care Rate may be exceeded to provide these community nursing services.

On April 17, 2019 Judge Dow 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.

• Read the Notice of Class Settlement.
• Read the Settlement Agreement.

FOR MORE INFORMATION: Please email Attorney Robert H. Farley, Jr., at farleylaw@aol.com or call at 630-369-0103.