**NOTICE** Following a settlement in our suit challenging the policy of the Kansas Medicaid program arbitrarily and irresponsibly restricting treatment for the Hepatitis C virus (HCV) to only the sickest patients, some patients may be entitled to new drug treatments.
If you are on Medicaid in Kansas through Kancare, have been diagnosed with Hepatitis C, and have been denied treatment, this notice may apply to you. Click here for a printable PDF.
ARE YOU OR A FAMILY MEMBER ON MEDICAID?
HAVE YOU OR A FAMILY MEMBER BEEN DIAGNOSED WITH HEPATITIS C?
WERE YOU OR A FAMILY MEMBER DIAGNOSED WITH HEPATITIS C AND DENIED TREATMENT WHILE YOU WERE ON MEDICAID?
YOU COULD BE ENTITLED TO NEW DRUG TREATMENTS.
- You were, are, or will be enrolled in Medicaid in Kansas on or after October 31,2016, and require or expect to require testing or treatment for Hepatitis C; or
- While you were on Medicaid, you asked for treatment for Hepatitis C and were denied treatment for Hepatitis C.
• If you have Hepatitis C and are on Medicaid go see your doctor. Take this notice, show it to your doctor, and ask if the new drugs are right for you. If they are, ask your doctor to apply to Medicaid. • Defendants told some people with lower fibrosis scores they could not get the new drugs for Hepatitis C treatment. Two people were denied because of their fibrosis scores and sued Defendants in a class action lawsuit in federal court. The case is called Harper et al. v. Anderson et al., Case No. 5:18-CV-4008-DDC-GEB. • Both sides decided to settle the case. Defendants agreed not to deny the new drugs based on fibrosis score. If you are a member of the class, then you have certain rights. These are explained below.
YOUR LEGAL RIGHTS IN THIS LAWSUIT:
YOU MAY COMMENT ON THE
You have the right to comment on, object to, or support the proposed
Settlement Agreement. The Court will decide whether to approve or reject
the proposed Settlement Agreement after a Final Hearing on Thursday, April
18, 2019 at 9:00 a.m. at the Federal Courthouse, located at 444 S.E. Quincy,
Topeka, Kansas, 66683, Courtroom 403 (DDC).
YOU MAY APPLY FOR
TREATMENT WITH MAVYRET®
OR A SIMILAR DRUG.
Your doctor may apply for coverage with one of the new Hepatitis C
drugs. You cannot be turned down because of your fibrosis score. If you
have Hepatitis C, go see your doctor to see if treatment with one of the new
drugs is right for you.
|YOU MAY DO NOTHING.||
If you do nothing, then you will remain in the class. If you decide to get
treatment, you cannot be turned down because of your fibrosis score.
Hepatitis C is harmful to your health. For example, it can cause cancer and
other serious health problems. Go see a doctor about treatment options.
FREQUENTLY ASKED QUESTIONS
- Was, are, or will be enrolled in the Medicaid Program on or after October 31, 2016;
- Need, or are expected to need treatment for Hepatitis C with Mavyret® or other new Hepatitis C drugs; and
- Did not meet the coverage criteria for the drugs adopted by the state Medicaid before July 11, 2018 because, for example, the state determined that you were not sick enough to get treatment with the new drugs.
- Coverage of Mavyret® and other similar drugs for the treatment of Hepatitis C. The Agreement says the state will follow a newly adopted protocol for the Prior Authorization needed by Medicaid enrollees to receive drugs for the treatment of Hepatitis C. Fibrosis scores cannot be used to deny coverage for Mavyret® or one of the other new drugs.
- Attorney’s Fees, Litigation Costs, and Costs of Claims Administration. Under the proposed Settlement Agreement, the State will pay the attorneys’ fees of the attorneys representing the class and the money they paid out of pocket on behalf of the class, in an amount not to exceed $68,000. The amount actually awarded will be based upon the attorneys’ normal hourly rates and the time they spent on the case. The court will determine the exact amount of attorney fees and out-of-pocket costs to be awarded.
- Case Contribution Awards. The judge will be asked to award an amount not to exceed $7,500 each to Jamie Harper and Jessica Owens, who served as class representatives. The judge must approve the case contribution awards.
6. How do I respond to the proposed Settlement Agreement?
You May Comment on, Object to, or Support the Proposed Settlement Agreement