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N.B. Consent Decree

The N.B. lawsuit was filed in 2011 on behalf of Medicaid-eligible children under the age of 21 in the State of Illinois seeking certain mental and behavioral health services under the Early and Periodic Screening, Diagnostic, and Treatment (“EPSDT”) requirement of the Medicaid Act. On February 13, 2014, the United States District Court for the Northern District of Illinois certified the case as a class action for the following individuals: “All Medicaid-eligible children under the age of 21 in the State of Illinois: (1) who have been diagnosed with a mental health or behavioral disorder; and (2) for whom a licensed practitioner of the healing arts has recommended intensive home- and community-based services to correct or ameliorate their disorders.”

The Department and Plaintiffs agreed to resolve the N.B. class action through a Consent Decree approved by the Court on January 16, 2018. The N.B. Consent Decree requires the Department to develop, through an Implementation Plan, a behavioral health delivery “Model” to provide Class Members with a continuum of Medicaid-authorized and required mental and behavioral health services, including home- and community-based services.  The Implementation Plan was developed by the Department with input from the Expert, Class Counsel and stakeholders and was finalized by agreement of the parties on December 2, 2019. 

The N.B. Consent Decree also requires an Expert to evaluate, provide input, and report to the parties and the Court during implementation of its requirements. On June 19, 2018, the Court approved Mr. John O'Brien of the Technical Assistance Collaborative to be the N.B. Consent Decree Expert. In February 2021, the N.B. Expert issued his first annual report regarding implementation of the N.B. Consent Decree, available below. 

For more information on the N.B. Consent Decree, please see the documents available below.


N.B. Consent Decree Documents


More Information

Information about programming for Class Members may be found on the Department's Children's Behavioral Health N.B. Consent Decree page

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Illinois Healthcare and Family Services

JB Pritzker, Governor • Theresa Eagleson, Director