Notice: Plaintiffs' Class Action Notice

Date: 02/28/24

Louisiana Healthcare Connections is sharing per the direction of  the district court approved Plaintiffs’ Class Action Notice Plan (R. Doc. 193). Pursuant to court order (R. Doc. 193), all MCOs must promulgate Plaintiffs’ Class Action Notice to its network providers via a provider bulletin or similar alert mechanism by March 21, 2024.

Summary of the Class Action Lawsuit

The lawsuit alleges that the Louisiana Department of Health is violating the Medicaid Act by failing to make intensive care coordination, intensive behavioral services, and crisis services available to Medicaid recipients under age 21 with mental health conditions or disabilities. The lawsuit also alleges that the Louisiana Department of Health has violated the Americans with Disabilities Act and the Rehabilitation Act because the state has failed to provide intensive care coordination, intensive behavioral services, and crisis services to Medicaid recipients under age 21 with mental health disabilities and that failure puts those recipients at risk of unnecessary institutionalization in hospitals and psychiatric facilities. 

Pursuant to court order in the above-captioned matter (R. Doc. 193), all Louisiana Medicaid managed care organizations (MCOs) must promulgate Plaintiffs’ Class Action Notice to their network providers via a provider bulletin or similar alert mechanism by March 21, 2024, as explained below.

This case deals with LDH’s alleged failure to provide certain behavioral health services required by federal law to Medicaid beneficiaries under the age of twenty-one (21). LDH disputes the allegations. The Named Plaintiffs are four (4) minor children residing in Louisiana, who are all Medicaid beneficiaries with diagnosed mental illnesses or conditions. Through this lawsuit, Plaintiffs seek prospective injunctive relief that orders LDH to provide certain behavioral health services to correct or ameliorate the Plaintiffs’ mental health conditions and prevent their institutionalizations. On November 30, 2023 the district court entered its order certifying a class (R. Doc. 187).1 On December 14, 2023, LDH requested permission to appeal the class certification order to the United States Court of Appeals for the Fifth Circuit.2 The class action lawsuit will continue in district court while LDH’s appeal request is pending.