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NEWS RELEASE

Notice of Class Action Settlement for Children Under the Age of 21 Whose Request for In-Home Nursing Services Were Denied or Reduced

SEPTEMEBER 26, 2018 - Naperville, Illinois - Attorney Robert H. Farley, Jr. is pleased to announce that on September 26, 2018, Federal Judge Joan H. Lefkow has given preliminary approval of a Class Action Settlement concerning all Medicaid-enrolled children under the age of 21 in the State of Illinois, including children who are enrolled in a Medicaid waiver program, who received in-home shift nursing services or applied for in-home shift nursing services and received notices from the Illinois Defendant of Healthcare and family Services that their requests for in-home shift nursing services had been denied, or reduced, or approved at a lower level than requested, or terminated by the Illinois Defendant of Healthcare and Family Services on or after January 1, 2014.

The Settlement was reached to resolve a lawsuit filed by Robert H. Farley, Jr. in Federal Court in 2015. The lawsuit claims that the Director of the Illinois Department of Healthcare and Family Services (“HFS”) violated federal laws through the application of a new, unpublished process for reviewing the medical need and granting prior approval for in-home shift nursing available to Medicaid-eligible children under the age of 21. Plaintiffs further allege that the notices issued to the Plaintiffs, which granted, reduced, or denied prior approval for in-home shift nursing services, were deficient under the Medicaid Act and due process standards.

The Settlement Agreement requires the State of Illinois to revise its existing processes for reviewing medical necessity and granting prior approval for in-home shift nursing services. Also, the State will revise the Notice of Decision concerning the request for nursing services.

On December 18, 2018 Judge Lefkow 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.