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MFTD Waiver Families

Support for families of children in the Medically Fragile, Technology Dependent Waiver

Big Win in OB vs. Norwood

March 21, 2016

A huge WIN today in one of our pending lawsuits, OB vs. Norwood. It applies to ALL children receiving nursing through Medicaid, and requires the state to immediately make sure all children are receiving the nursing care hours they have been allotted. It does not specify how the state must meet the requirement, though we expect to see significant increases in nurse reimbursement as one likely outcome.

While the actual language of the injunction is pending, the original request was that "Felicia F. Norwood take immediate and affirmative steps to arrange directly or through referral to appropriate agencies, organizations, or individuals, corrective treatment of in-home shift nursing services to the Plaintiffs and Class at the level approved by the Defendant...pending final judgment in this action or until further order of Court."

In addition, the original request specifies that the state provide within 30 days to the plaintiffs a list of steps undertaken to arrange the problem, and a list of all class members, including how much nursing they should be getting and how much they are actually getting.

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