Case Status:

Disability Rights Michigan has reached an interim settlement agreement with the Michigan Department of Health & Human Services (defendant). The case is ongoing and no final settlement has been reached.

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.


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. This lawsuit was filed by Disability Rights Michigan, Mantese Honigman, PC, National Health Law Program, and John J. Conway, PC.

Case Documents

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


Plaintiffs continue to litigate the case, seeking changes to Michigan’s Medicaid system so that children with developmental disabilities, emotional impairments, and/or mental illnesses get the services they need to get treated in the community, not institutions.

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

Plaintiffs: Medicaid-eligible beneficiaries in Michigan, under age 21, in need of intensive home and community based services for their emotional, behavioral, or psychiatric condition.

Defendants: Michigan Department of Health and Human Services (MDHHS), Elizabeth Hertel (MDHHS Director).

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