Rosie D. v. Romney

Class action case on behalf of 30,000 children with serious emotional disturbance (SED) seeking intensive home-based services, as required by the EPSDT provisions of the Medicaid Act.  The court certified a class and denied the State’s motion to dismiss (March 29, 2002).  Following a five-week trial in 2005, the Court entered a sweeping order finding the Commonwealth in violation of federal law for failing to provide home-based services and enters broad remedial relief.  The Rosie D. Remedial Plan, finalized in July 2007, led to the overhaul of the State’s Medicaid system for children.  It calls for a system of coordinated services, including home-based services for Medicaid-eligible children with SED.  The Commonwealth created the Children’s Behavioral Health Initiative under the State’s Medicaid MassHealth Office to administer the remedial services.  The services were implemented in the summer of 2009.   A court monitor, appointed in the spring of 2007, continues to serve in this capacity.  CPR co-counsels this case with the Mental Health Legal Advisors Committee and WilmerHale LLP.  CPR has a dedicated website for this case.