D.D. et al v. Michigan Department of Health & Human Services and Elizabeth Hertel

Case Status: In Progress

A final settlement has been reached and is pending a final court approval.

Case Filed: June 2018

Main Concern

Making sure that children, and young adults, in Michigan with severe emotional, behavioral, and psychiatric conditions receive the home and community-based services (HCBS) they need to treat their conditions and continue living in the community.

Summary

Under the Medicaid Act, Michigan has to make sure that Medicaid beneficiaries under age 21 have access to community-based services like community living supports, intensive home-based services, rehabilitation services, behavioral health services/therapy, and mental health services. This lawsuit claims that in Michigan, there are tens of thousands of children who are eligible for these services, but either not receiving them or at risk for not receiving them. The goal of the suit is to make sure that these children get those services. The Class is represented by Dave Honigman and Plaintiffs are represented by Mantese Honigman, P. C., Disability Rights Michigan, the National Health Law Program, and John J. Conway, PC.

Case Documents

• Settlement Agreement
• Class Notice
• Order Preliminarily Approving Class Action Settlement
• Motion for Attorney Fees

Are You A Class Member?

See if you meet the following criteria to be a class member:

• Class Action 101

As required by Judge Ludington’s April 3, 2025 Order 1) preliminarily approving Plaintiffs’ settlement with MDHHS, and 2) approving the parties’ proposed Notice and notice distribution plan, DRM has included the Notice approved by the Court. The Notice summarizes the settlement and sets forth key dates and procedures related to final approval of the settlement. Please distribute the Notice as widely as possible, particularly to class members and their families.

If you have questions about the settlement or the objection process, please contact Class Counsel and Plaintiffs’ Counsel at: KBSettlement@drmich.org.

Michigan Department of Health and Human Services
If you’re having issues with Home and Community-based services, here is a resource.

Outcome

Plaintiffs are seeking final approval of the settlement agreement. The case seeks to make changes to Michigan’s Medicaid system so that children with severe emotional, behavioral, and psychiatric conditions get the services they need in the community, not institutions.