Two people on Medicaid brought this lawsuit. They said the state was keeping some people on Medicaid from getting the Hepatitis C treatment they needed. They said the state was using a person’s fibrosis score to decide who got treatment. Only people with fibrosis scores of F3 and F4, and some with an F2 score were getting treatment. A person’s fibrosis score tells how much Hepatitis C has scarred the person’s liver. A higher score means more scarring. They asked the judge to say that using fibrosis scores this way was not allowed under the law. They wanted people with lower fibrosis scores to get treated with the new Hepatitis C drugs.
3. What is a class action, and who is involved?
In a class action lawsuit, one or more people (“Class Representatives”) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” All of the Class Members are called the Plaintiffs. One court resolves the issues for everyone in the Class. In this case, Jamie Harper and Jessica Owens are people on Medicaid with Hepatitis C. They are the Class Representatives. The defendants are the Secretary of the Kansas Department of Health and
Environment and the Director of the Division of Health Care Finance. Their agencies operate the Medicaid program in Kansas.
4. What has happened in this case?
Five months after the case was filed, the parties agreed to a settlement in which the state agreed to stop using fibrosis scores to decide who could get the new Hepatitis C drugs. You can see the class action complaint and the Minute Order of Settlement at: www.aclukansas.org/medicaidhepc
5. What does the proposed Settlement Agreement say?
The bullet points below tell you the main points of the proposed Settlement Agreement. You can see the whole Agreement online at: www.aclukansas.org/medicaidhepc
The judge will hold a hearing on the Agreement. The judge has to approve the Agreement before it takes effect. If you need treatment, do not wait for the judge’s approval. You may be eligible to get Mavyret® or one of the other new drugs right now.
- 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
The judge will hold a final hearing on the proposed Settlement Agreement on 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 do not have to attend the hearing. You can if you want to.
You can send comments to the judge instead of coming to the hearing. Comments must be in writing. You must send them to the judge before the hearing.
You may attend the hearing, and you may bring a legal representative if you wish at your own expense. You must send the judge a letter before the hearing if you want the judge to allow you to speak at the hearing. Send your letter to:
Clerk of Court, Harper v. Andersen, Case 5:18-cv-04008
U.S. Courthouse
500 State Avenue, Suite 628
Kansas City, Kansas 66101
If you choose to send written comments or come to the hearing, the judge must get your letter no later than February 28, 2019. Any attorney hired by you for the purpose of appearing and/or making an objection shall file his or her entry of appearance at the Settlement Class Member’s expense no later than 5 days after the objection has been filed, with service on Class Counsel and Defendants’ Counsel under the Federal Rules of Civil Procedure. You also have to send a copy of your letter to all the attorneys. Mail to:
J. Stan Sexton
SHOOK HARDY & BACON
2555 Grand Blvd.
Kansas City, MO 64108
Class Counsel
and
Dennis D. Depew and Shon Qualseth
OFFICE OF THE KANSAS ATTORNEY GENERAL
120 S.W. 10th Ave., 2nd Floor
Topeka, KS 66612-1597
Counsel for the Defendants
7. Where can I get more information?
• For more information, go to: www.aclukansas.org/medicaidhepc
• You can call Class Counsel at: ACLU-Kansas (913) 490-4108 ask for “Medicaid Hep. C”