The seven children involved in the lawsuit, which Williams said attorneys hope becomes a class action, were approved by the state to receive intensive home and community-based mental health services but were unable to actually get them. Families describe desperate need for youth mental health careīecause the children and young adults involved in the lawsuit were Medicaid recipients, the plaintiffs argued the state was bound by the Medicaid Act to screen them for health issues, including mental and developmental issues, and to identify services available to treat those issues during screenings. Code.īut Ludington determined the state is ultimately responsible for ensuring Medicaid recipients, including children with severe mental health needs, receive services, even if it hires contractors. He said the state still finances medical services even if those services aren't provided, since the state contracts with Prepaid Inpatient Health Plans to administer Medicaid, and thus doesn't violate the U.S. District Court Judge Thomas Ludington agreed to dismiss arguments, like plaintiffs' contention the state had violated parts of the the U.S. In 2018, the state moved to dismiss the lawsuit and successfully had some pieces of the original complaint tossed. Gretchen Whitmer's executive budget plan for the upcoming fiscal year sets aside almost $91 million, with $30 million coming from the general fund, to address costs tied to the settlement and ensure better access to behavioral health services for children enrolled in Medicaid and involved in the child welfare system.ĭepartment spokesperson Bob Wheaton said officials could not comment on the lawsuit, which remains in negotiation. The implementation plan should be ready by April, according to a budget presentation DHHS officials gave to the House Appropriations Health and Human Services Subcommittee in early March. More: 'The system is abusing our child': Family's plea shows challenge getting youth mental health care The state also will also develop a plan detailing how they will provide those services, including making sure there are enough providers throughout Michigan and measuring quality of care. "And whenever they go into psychiatric hospitals they're going to be spending less time there." State will make sure Medicaid, foster children get mental health careĪccording to the August agreement, the state has committed to providing an array of intensive home and community-based mental health services for children in need. "If you can address those crises in the community and if you can give these kids what they need in order to be in the least restrictive setting, then your success.is going to be less kids in psychiatric hospitals," he said. Lyon.Ī central goal of the families involved in the lawsuit is to ensure kids have ready access to mental health treatment at home or in their communities, he said, instead of relying on jails, emergency rooms or psychiatric hospitals. Williams is a lead attorney in the case, K.B. Parents are left with two choices: you can take them to an emergency room or you can call the police." "Kids are having a crisis, they don't have what they need in order to support them in their home or support them in their community.
"It's a story we hear with some regularity," he said. He referred to a recent viral video in which a central Michigan father pleaded for help finding a psychiatric bed for his teenage son, who had spent over a week in an emergency room.
Michigan families continue to face hurdles getting mental care for children during crises, said Kyle Williams, Disability Rights Michigan director of litigation. The parties signed an interim settlement agreement in August and are now developing a plan to improve mental and behavioral health care for Michigan children who are enrolled in Medicaid and part of the child welfare system. LANSING - The Michigan Department of Health and Human Services has agreed to settle a 2018 lawsuit filed by families who say their children were not provided adequate treatment for significant mental health issues.
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