LIVINGSTON COUNTY — A local man will receive $100,000 in a settlement with the Livingston County Community Mental Health Authority after he was accused of significant delays in receiving services.
“CB,” a 24-year-old with a severe disability, is a Medicaid recipient. The lawsuit against LCCMH alleges that the organization suffered damages by delaying the provision of medically necessary Medicaid services for approximately two years.
The administrative judge issued a written decision in July 2022 in favor of CB and ordered it to provide services to LCCMH. If they were not provided within 72 hours, CB filed suit in court to (1) enforce the judge’s decision and (2) obtain monetary damages to compensate for the damages suffered.
LCCMH complied with the order, but CB appealed before the 44th Circuit Court of Appeals in Livingston County dismissed the case.
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The Michigan Court of Appeals issued a public decision in December 2023, finding that CB may be eligible for monetary compensation and remanding the case to the 44th Circuit. The parties subsequently reached a settlement.
“Medicaid recipients must be able to enforce fair hearing decisions when medically necessary services are at stake,” said Nick Gable, senior attorney with the Michigan Office of Disability Rights. “The Court of Appeals’ decision and this settlement are important steps toward ensuring accountability and ensuring the system works.”
The Daily left a message with LCCMH, but there was no immediate response.
— Contact reporter Evan Sasiela at esasiela@livingstondaily.com. Follow him on Twitter @SalsaEvan.
