LIVINGSTON COUNTY — A local man will receive $100,000 in a settlement with Livingston County Community Mental Health after he allegedly suffered from a significant delay in receiving services.
“CB,” a 24-year-old with severe disabilities, is a Medicaid beneficiary. In his lawsuit against LCCMH, he alleges he suffered harm after the organization delayed providing medically necessary Medicaid services for roughly two years.
An administrative judge in July 2022 issued a written decision in CB’s favor, ordering LCCMH to provide the services. When they weren’t provided within 72 hours, CB filed an action in court to (1) enforce the judge’s decision and (2) obtain monetary damages to compensate for harm suffered.
LCCMH complied with the order, but not before Livingston County’s 44th Circuit Court dismissed the case — a decision CB appealed.
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The Michigan Court of Appeals issued a published decision in December 2023, finding CB could be eligible for monetary compensation, and remanded the case to the 44th Circuit Court. Both parties then reached a settlement.
“Medicaid beneficiaries must be able to enforce fair hearing decisions where medically necessary services are at stake,” said Nick Gable, senior attorney at Disability Rights Michigan. “The Court of Appeals’ decision and this settlement are important steps toward ensuring accountability and making sure the system works.”
The Daily left messages with LCCMH and did not immediately receive a response.
— Contact reporter Evan Sasiela at [email protected]. Follow him on Twitter @SalsaEvan.