Case: Jackson v. Secretary of the Indiana Family and Social Services Administration

1:15-cv-01874 | U.S. District Court for the Southern District of Indiana

Filed Date: Nov. 11, 2015

Closed Date: Feb. 26, 2019

Clearinghouse coding complete

Case Summary

On November 11, 2015, a Medicaid recipient with Hepatitis C filed this putative class-action lawsuit in the U.S. District Court for the Southern District of Indiana. The case was assigned to District Judge Sarah Evans Barker. The plaintiff sued the Secretary of the Indiana Family and Social Services Administration (“the agency”) under 42 U.S.C. § 1983. The plaintiff, represented by the ACLU of Indiana and the Health and Human Rights Clinic at Indiana University’s McKinney School of Law, sought …

On November 11, 2015, a Medicaid recipient with Hepatitis C filed this putative class-action lawsuit in the U.S. District Court for the Southern District of Indiana. The case was assigned to District Judge Sarah Evans Barker. The plaintiff sued the Secretary of the Indiana Family and Social Services Administration (“the agency”) under 42 U.S.C. § 1983. The plaintiff, represented by the ACLU of Indiana and the Health and Human Rights Clinic at Indiana University’s McKinney School of Law, sought injunctive and monetary relief, claiming violation of federal Medicaid law.

The plaintiff alleged that the Agency had a formal policy of denying Medicaid recipients with Hepatitis C “medically necessary” drugs. Specifically, they alleged that the agency denied Medicaid recipients with Hepatitis C direct-acting antiviral medications (specifically Harvoni) unless and until absolutely necessary. Despite these practices, medical professional agreed that early administration of the medication was “medically necessary” to prevent liver damage and other serious conditions.

The defendants moved to dismiss the complaint on January 15, 2016. They alleged that the plaintiff had failed to state claim under 42 U.S.C. § 1983 for which relief could be granted. On April 12, 2016, Judge Barker denied defendants’ motion. She held that the plaintiff had sufficiently pled a claim, so she denied the defendants’ motion to dismiss the complaint.

The original plaintiff was provided with Harvoni by the agency, and consequently a new plaintiff intervened in the suit on January 3, 2017. Discovery and negotiations lasted through the remainder of 2017 and into 2018. On November 8, 2018, the parties settled the case. The settlement, contingent on the Court’s certification of the class, involved injunctive relief and attorneys’ fees for the plaintiff. As part of the settlement, the agency agreed to eliminate its policy of restricting Medicaid reimbursement for Harvoni to only those Medicaid recipients with advanced Hepatitis C or those who were co-infected with HIV or AIDS or were post-liver transplant. The defendants had to implement this policy by July 1, 2019. The defendants also agreed that they would pay the plaintiffs’ counsel $117,500 in attorneys’ fees. The agreement stated that the plaintiffs could enforce it through a breach of contract claim - meaning that the Court did not maintain jurisdiction to enforce it.

Judge Barker approved class-certification on November 9, 2018. The Court defined the certified class as:

Any and all adult Medicaid recipients in Indiana, current and future, with a diagnosis of chronic Hepatitis C, genotype 1, who have been prescribed one of the direct-acting antiviral medications enumerated in the 2016 Policy or 2018 Policy, by or in consultation with an Infectious Disease or GI specialist, but do not meet the medical requirements of such policy to receive Medicaid reimbursement for that prescribed medication.

On November 26, 2018, Judge Barker approved the parties’ joint motion regarding the manner and form of notice to the class. A class-action fairness hearing was held on February 5, 2019. At this hearing, the court approved the settlement agreement and the attorney fee request. One week later, the court issued a written order confirming the oral order from the hearing where the court approved the settlement agreement, and found that it was a fair, reasonable, and adequate resolution of the cause.

With the settlement agreement approved, on February 20, 2019, the parties filed a stipulation of dismissal. Six days later, the court dismissed the case pursuant to Rule 41(a) (1)(A)(ii) of the Federal Rules of Civil Procedure. The case is now closed.

Summary Authors

Michael Beech (2/2/2019)

Sabrina Glavota (7/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7042654/parties/jackson-v-secretary-of-the-indiana-family-and-social-services/


Judge(s)

Barker, Sarah Evans (Indiana)

Brookman, Matthew P. (Indiana)

Attorneys(s) for Defendant

Jones, Benjamin Myron Lane (Indiana)

Lemmon, Jennifer Elizazbeth (Indiana)

Strachan, Patricia H (Indiana)

Thompson, Kelly Suzanne (Indiana)

Other Attorney(s)

Active

Active

Judge(s)

Barker, Sarah Evans (Indiana)

Brookman, Matthew P. (Indiana)

Attorneys(s) for Defendant

Jones, Benjamin Myron Lane (Indiana)

Lemmon, Jennifer Elizazbeth (Indiana)

Strachan, Patricia H (Indiana)

Thompson, Kelly Suzanne (Indiana)

Other Attorney(s)

Falk, Kenneth J. (Indiana)

Rose, Gavin Minor (Indiana)

Documents in the Clearinghouse

Document

Docket

Feb. 12, 2019 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

Nov. 25, 2015 Complaint
36

Order - Denying Motion to Dismiss

279 F.Supp.3d 816

April 12, 2016 Order/Opinion
69

Order

June 29, 2016 Order/Opinion
157

Settlement Agreement

Nov. 8, 2018 Settlement Agreement
159

Order Certifying Cause as Class Action

Nov. 9, 2018 Order/Opinion
160

Order Approving Manner and Form of Notice to the Class and Setting Fairness Hearing

Nov. 26, 2018 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7042654/jackson-v-secretary-of-the-indiana-family-and-social-services/

Last updated May 20, 2022, 5:05 a.m.

ECF Number Description Date Link
149

SCHEDULING Order

June 5, 2018 PACER
1

COMPLAINT for Declaratory and Injunctive Relief (Class Action) against SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, filed by SARAH JACKSON. (Filing fee $400, receipt number 0756−3686215) (Attachments: # 1 Exhibit 1 (CMS Notice), # 2 Exhibit 2 (2014 FSSA Policy), # 3 Exhibit 3 (2015 FSSA Policy), # 4 Exhibit 4 (Denial Notice), # 5 Civil Cover Sheet, # 6 Proposed Summons)(Rose, Gavin) (Entered: 11/25/2015)

Nov. 25, 2015
151

Status Conference

June 19, 2018 PACER
2

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

Nov. 25, 2015
152

Notice of Change of Attorney Information

Aug. 8, 2018 PACER
3

MOTION to Certify Class , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

Nov. 25, 2015
4

BRIEF/MEMORANDUM in Support re 3 MOTION to Certify Class , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 11/25/2015)

Nov. 25, 2015
153

Notice of Change of Attorney Information

Aug. 8, 2018 PACER
5

NOTICE of Appearance by Francis Ignatius Quigley on behalf of Plaintiff SARAH JACKSON. (Quigley, Francis) (Entered: 11/25/2015)

Nov. 25, 2015
154

Stipulation

Sept. 28, 2018 PACER
155

Withdraw

Sept. 28, 2018 PACER
6

Summons Issued as to SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (JRT) (Entered: 11/25/2015)

Nov. 25, 2015
156

Order on Motion to Withdraw

Sept. 28, 2018 PACER
7

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRT) (Entered: 11/25/2015)

Nov. 25, 2015
8

NOTICE of Appearance by Dennis E. Mullen on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 12/09/2015)

Dec. 9, 2015
157

Stipulation

Nov. 8, 2018 PACER
9

MOTION for Extension of Time to File Response to December 21, 2015 re 3 MOTION to Certify Class , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mullen, Dennis) (Entered: 12/09/2015)

Dec. 9, 2015
158

Motion (Other)

Nov. 8, 2018 PACER
159

Order on Motion

Nov. 9, 2018 PACER
10

NOTICE of Appearance by Kelly J. Pautler on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Pautler, Kelly) (Entered: 12/09/2015)

Dec. 9, 2015
160

Order on Motion

Nov. 27, 2018 PACER
11

NOTICE of Appearance by Benjamin Myron Lane Jones on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) (Entered: 12/09/2015)

Dec. 9, 2015
12

ORDER granting 9 Motion for Extension of Time to File Response to 12/21/2015 re 3 MOTION to Certify Class . Signed by Magistrate Judge Denise K. LaRue on 12/11/2015. (CBU) (Entered: 12/11/2015)

Dec. 11, 2015
13

NOTICE of Initial Automatic Extension of Time , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Mullen, Dennis) (Entered: 12/14/2015)

Dec. 14, 2015
14

Second MOTION for Extension of Time to File Response to January 18, 2016 re 3 MOTION to Certify Class , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of

Dec. 14, 2015
16

*** WITHDRAWN PER ORDER 77 *** MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Exhibit 1 (Aff. of Dr. Hays), # 2 Exhibit 2 (Aff. of Ms. Jackson), # 3 Exhibit 3 (FSSA Policy 1), # 4 Exhibit 4 (FSSA Policy 2), # 5 Exhibit 5 (Annals of Internal Medicine Publication), # 6 Exhibit 6 (CMS Guidance), # 7 Exhibit 7 (Indiana Preferred Drug List))(Rose, Gavin) Modified on 8/29/2016 (CKM). (Entered: 12/29/2015)

Dec. 29, 2015
17

BRIEF/MEMORANDUM in Support re 16 MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 12/29/2015)

Dec. 29, 2015
18

SCHEDULING ORDER: Telephonic Status Conference set for 1/6/2016 at 02:00 PM before Magistrate Judge Denise K. LaRue. The purpose of the conference is to discuss Plaintiff's Motion for Preliminary Injunction [Dkt. 16 ]. Counsel will receive call−in information for the conference via separate email notification. Signed by Magistrate Judge Denise K. LaRue on 1/5/2016.(REO) (Entered: 01/05/2016)

Jan. 5, 2016
20

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/15/2016)

Jan. 15, 2016
21

BRIEF/MEMORANDUM in Support re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/15/2016)

Jan. 15, 2016
22

MOTION for Agreed Briefing Schedule for Plaintiff's Motion for Class Certification and Motion for Preliminary Injunction , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 01/19/2016)

Jan. 19, 2016
23

MOTION to Stay Proceedings Pending Ruling on Motion to Dismiss , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Mullen, Dennis) (Entered: 01/19/2016)

Jan. 19, 2016
24

RESPONSE in Opposition re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 23 MOTION to Stay Proceedings Pending Ruling on Motion to Dismiss , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 01/29/2016)

Jan. 29, 2016
25

MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 1/6/2016 − Parties discussed the Motion for Preliminary Injunction [Dkt. 16 ] and discovery. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 01/29/2016)

Jan. 29, 2016
26

Reassignment of Case to Magistrate Judge Matthew P. Brookman. Magistrate Judge Denise K. LaRue is no longer assigned to the case. Please include the new case number (1:15−cv−01874−SEB−MPB), which includes the initials of the newly assigned judge, on all future filings in this matter. (MAC) (Entered: 02/01/2016)

Feb. 1, 2016
30

CORRECTED ORDER re 27 Order on Motion to Stay Proceedings. Telephonic Status Conference set for 4/5/2016 at 12:00 PM (EST) Indianapolis time, before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 2/4/2016.(TMB) (Entered: 02/08/2016)

Feb. 4, 2016
27

ORDER granting Defendant's 23 Motion to Stay proceedings pending a ruling on his Motion to Dismiss. Status Conference set for 4/5/2016 11:00 AM (CST) Evansville time in Telephonic before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification (see Order for additional information). Signed by Magistrate Judge Matthew P. Brookman on 2/5/2016.(SWM) (Entered: 02/05/2016)

Feb. 5, 2016
31

REPLY in Support of Motion re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Mullen, Dennis) (Entered: 02/08/2016)

Feb. 8, 2016
32

***PLEASE DISREGARD − SEE ENTRY AT 33 *** First MOTION to Withdraw Attorney Appearance , filed by Plaintiff SARAH JACKSON. (Quigley, Francis) Modified text and terminated motion on 4/5/2016 (TMB). (Entered: 03/28/2016)

March 28, 2016
33

First MOTION to Withdraw Attorney Appearance , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Withdraw)(Quigley, Francis) (Entered: 03/31/2016)

March 31, 2016
34

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/5/2016. Telephonic Status Conference set for 6/30/2016 at 09:30 AM (EDT) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 04/05/2016)

April 5, 2016
35

ORDER granting 33 Motion to Withdraw Attorney Appearance. Attorney Francis Ignatius Quigley withdrawn as co−counsel for the Plaintiff. Signed by Magistrate Judge Matthew P. Brookman on 4/5/2016. (CBU) (Entered: 04/06/2016)

April 5, 2016
36

ORDER − DENYING MOTION TO DISMISS; Defendant's Motion to Dismiss Dkt. No. 20 and OVERRULE Plaintiff's Objections to Magistrate Judge's Order Staying Proceedings Dkt. No. 28 as MOOT. The stay imposed by Docket Number 27 is lifted. We instruct the Magistrate Judge to hold a status conference as soon as possible to establish a briefing schedule for the motions currently pending on the docket. Signed by Judge Sarah Evans Barker on 4/12/2016. (CKM) (Entered: 04/12/2016)

April 12, 2016
37

ORDER RESETTING TELEPHONIC STATUS CONFERENCE: The TELEPHONIC STATUS CONFERENCE set for June 30, 2016, is hereby VACATED and RESCHEDULED to TUESDAY, APRIL 19, 2016, at 11:45 a.m., Indianapolis time (EDT), before Magistrate Judge Matthew P. Brookman. Pursuant to the Order entered at docket #36, the purpose of this conference is to establish a briefing schedule for the motions currently pending on the docket. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/13/2016.(SWM) (Entered: 04/13/2016)

April 13, 2016
39

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/19/2016. The Motion for Agreed Briefing Schedule for Plaintiff's Motion for Class Certification and Motion for Preliminary Injunction [Dkt. 22] is GRANTED. The briefing schedule for the Motions [Dkts. 3 and 16] is as follows: The Defendant is to respond to both Motions by May 9, 2016. The Plaintiff's reply to the Defendant's response is to be filed by May 23, 2016. The parties request a one−day evidentiary hearing on both Motions before the Court at a time thereafter. Telephonic Status Conference set for 8/23/2016 at 09:30 AM before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (NRN) (Entered: 04/20/2016)

April 19, 2016
40

ANSWER to 1 Complaint for Declaratory and Injunctive Relief and Statement of Defenses , filed by SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION.(Mullen, Dennis) (Entered: 04/26/2016)

April 26, 2016
41

NOTICE of Appearance by Jonathan Paul Nagy on behalf of Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Nagy, Jonathan) (Entered: 04/27/2016)

April 27, 2016
42

SCHEDULING ORDER− Motion Hearing on certify class and for preliminary injunction set for 6/15/2016 at 1:30 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 5/5/2016.(CBU) (Entered: 05/05/2016)

May 5, 2016
43

MOTION to Withdraw Attorney Appearance , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw Appearance)(Mullen, Dennis) (Entered: 05/06/2016)

May 6, 2016
44

*** SEALED PER ORDER DATED 6/29/2016 *** SEALED RESPONSE re 16 MOTION for Preliminary Injunction , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit 1 − Affidavit of Dr. Zerr, # 2 Attachment 1 Dr. Zerr's CV, # 3 Attachment 2 − WHO Media on Hepatitis C, # 4 Attachment 3 − 2015 Article re: Alimentary Pharmacology and Therapeutics, # 5 Attachment 4 − Starting Treatment of Acute HCV Earlly article, # 6 Attachment 5 − Natural Hsitory of Hepatitis C, # 7 Attachment 6 − Clinical Manifestations and Natural History of Chronic Hepatitis C Virus Infection, # 8 Attahcment 7 − State Medicaid Coverage Policies, # 9 Attachment 8 − Jackson's Medical Records, # 10 Attachment 9 − Harvonie Insert Packet, # 11 Attachment 10 − AASLD Publication, # 12 Attachment 11 − NIH Publication, # 13 Attachment 12 − Senate Report, # 14 Exhibit 2− Affidavit of Paul Bowling, # 15 Attachment 1 to Bowling Affidavit, # 16 Exhibit 3 − Dr. Hays Deposition Excerpts, # 17 Exhibit 4 − Dr. Zerr's Deposition Excerpts, # 18 Exhibit 5 − USPSTF A&B Recommendation)(Jones, Benjamin) Modified on 7/1/2016 (SWM). (Entered: 05/09/2016)

May 9, 2016
45

*** SEALED PER ORDER DATED 6/29/2016 *** SEALED RESPONSE re 3 MOTION to Certify Class , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) Modified on 7/1/2016 (SWM). (Entered: 05/09/2016)

May 9, 2016
46

MOTION to Maintain Document Under Seal 45 SEALED Response to Motion, 44 SEALED Response to Motion , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Jones, Benjamin) (Entered: 05/09/2016)

May 9, 2016
47

MOTION to Compel Plaintiff to Sign Medical Release Authorizations , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Jones, Benjamin) (Entered: 05/09/2016)

May 9, 2016
48

ORDER granting 43 Motion to Withdraw Attorney Appearance. Attorney Dennis E. Mullen withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 5/10/2016. (SWM) (Entered: 05/11/2016)

May 10, 2016
49

SCHEDULING ORDER: Status Conference set for 5/17/2016 at 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. The purpose of this conference is to discuss the pending motions before the Court. Signed by Magistrate Judge Matthew P. Brookman on 5/16/2016.(TMB) (Entered: 05/16/2016)

May 16, 2016
52

Minute Entry for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/17/2016. The parties are granted leave to file a proposed Uniform Protective Order in accordance with Fed. R. Civ. P. 26(c)(1), and are directed to the Uniform Protective Order approved in the Southern District of Indiana. (NRN) (Entered: 05/18/2016)

May 17, 2016
51

Unopposed MOTION for Extension of Time to File Reply to 05/31/2016 re 3 MOTION to Certify Class , 16 MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 05/18/2016)

May 18, 2016
53

ORDER granting Plaintiff and the Putative Class' 51 Motion for Extension of Time to File Reply to 5/31/2016 re 16 MOTION for Preliminary Injunction and 3 MOTION to Certify Class . Signed by Magistrate Judge Matthew P. Brookman on 5/20/2016. (SWM) (Entered: 05/20/2016)

May 20, 2016
54

MOTION for Protective Order [Uniform Stipulated] , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit Proposed Order)(Jones, Benjamin) (Entered: 05/24/2016)

May 24, 2016
56

UNIFORM STIPULATED PROTECTIVE ORDER 54 APPROVED. Signed by Magistrate Judge Matthew P. Brookman on 5/25/2016.(SWM) (Entered: 05/26/2016)

May 25, 2016
57

NOTICE of Filing of Additional Evidence in Support of Preliminary Injunction Motion by SARAH JACKSON (Attachments: # 1 Exhibit 1−3 (Zerr Dep.) (Part 1), # 2 Exhibit 1−3 (Zerr Dep.) (Part 2), # 3 Exhibit 1−3 (Zerr Dep.) (Part 3), # 4 Exhibit 4 (Hays Dep.), # 5 Exhibit 5 (Hays Supp. Aff.), # 6 Exhibit 6 (Jackson Supp. Aff. − unsigned), # 7 Exhibit 7 (U.S. Dep't of Veterans Affairs Memo.), # 8 Exhibit 8 (Associated Press Article), # 9 Exhibit 9 (About the USPSTF)) (Rose, Gavin) (Entered: 05/31/2016)

May 31, 2016
58

MOTION for Leave to File Excess Pages (Over−Sized Reply Brief in Support of Mot. for Prelim. Inj.) , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Appendix (Oversized Reply Brief in Support of Mot. for Prelim. Inj.), # 2 Text of Proposed Order)(Rose, Gavin) (Entered: 05/31/2016)

May 31, 2016
59

REPLY in Support of Motion re 3 MOTION to Certify Class , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 05/31/2016)

May 31, 2016
60

ORDER granting Plaintiff's 58 Motion for Leave to Over−Sized Brief. IT IS THEREFORE ORDERED that the plaintiff is GRANTED leave to file an over− sized reply brief in support of her Motion for Preliminary Injunction, and the reply brief shall be filed as a separate entry in this case within five (5) days from the date of this order. Signed by Magistrate Judge Matthew P. Brookman on 6/1/2016. (SWM) (Entered: 06/02/2016)

June 1, 2016
61

REPLY in Support of Motion re 16 MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Rose, Gavin) (Entered: 06/02/2016)

June 2, 2016
62

NOTICE of Filing of Supplemental Affidavit of Sarah Jackson by SARAH JACKSON (Attachments: # 1 Affidavit of Sarah Jackson (Supplemental)) (Rose, Gavin) (Entered: 06/07/2016)

June 7, 2016
63

MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Entry)(Jones, Benjamin) (Entered: 06/09/2016)

June 9, 2016
64

ORDER granting Defendant's 63 Motion for Leave to File a surreply. Defendant shall file his surreply within two (2) days from the date of this order. Signed by Magistrate Judge Matthew P. Brookman on 6/13/2016. (SWM) (Entered: 06/13/2016)

June 13, 2016
65

Surreply re 16 MOTION for Preliminary Injunction , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) (Entered: 06/14/2016)

June 14, 2016
66

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff SARAH JACKSON. (Falk, Kenneth) (Entered: 06/15/2016)

June 15, 2016
67

SCHEDULING ORDER: The hearing on Plaintiff's motions to certify class and for preliminary injunction on Wednesday, June 15, 2016 has been rescheduled to 1:00 p.m. in Room 216 of the United States Courthouse in Indianapolis, Indiana. Please note the time change.(KR) (Entered: 06/15/2016)

June 15, 2016
68

COURT ENTRY AND SCHEDULING ORDER: Settlement Conference set for 7/26/2016 02:00 AM before Judge Sarah Evans Barker.(CKM) (Entered: 06/15/2016)

June 15, 2016
69

ORDER granting Defendant's 46 Motion to Maintain Document Under Seal; denying Defendant's 47 Motion to Compel. The Court ORDERS that Docket No. 44 and Docket No. 45 be maintained under seal. The Court further ORDERS FSSA to file redacted versions of the same within five (5) days of this Order. See Order for additional information. Signed by Magistrate Judge Matthew P. Brookman on 6/29/2016. (SWM) (Entered: 07/01/2016)

June 29, 2016
71

REDACTED RESPONSE in Opposition re 45 , re 3 MOTION to Certify Class [Redacted] , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Jones, Benjamin) Modified on 7/6/2016 (CKM). (Entered: 07/05/2016)

July 5, 2016
72

ENTRY − In preparing for the settlement conference scheduled for July 26, 2016 at 2:30 PM, the parties shall familiarize themselves with the recent amendments to Medicare Hepatitis C treatment policies in Florida, New York, Delaware, Washington, Massachusetts, Connecticut, and Maine as well as recent policy changes adopted by private insurers. The parties should also be prepared to discuss the decision in B.E. and A.R. v. Teeter, 2016 WL 3033500 (W.D. Wash. May 27, 2016).(CKM) (Entered: 07/21/2016)

July 20, 2016
73

*** PLEASE DISREGARD DOCKETED IN ERROR *** Minute order for settlement conference held before Judge Sarah Evans Barker on 7/26/2016. The Plaintiff appeared by counsel Gavin Rose and Kenneth Falk, and the Defendant appeared by Counsel Benjamin Jones and Kelly Pautler, and by Dr. Ann Zerr, Chris Johnson, Allison Taylor and Elizabeth Fiscus, representatives of the Family and Social Services Administration. The parties reached a tentative agreement, and agreed to exchange settlement proposals and finalize a draft by August 31, 2016, which will allow for an October 1, 2016, implementation date.(KR) Modified on 7/27/2016 (CKM). (Entered: 07/26/2016)

July 26, 2016
74

AMENDED ENTRY re Settlement Conference ; The Court conducted a settlement conference. The Plaintiff appeared by counsel Gavin Rose and Kenneth Falk, and the Defendant appeared by counsel Benjamin Jones and Kelly Pautler, and by Dr. Ann Zerr, Chris Johnson, Allison Taylor and Elizabeth Fiscus, representatives of the Family and Social Services Administration. The Court discussed the outlines of a possible agreement with the parties. The parties agreed to exchange settlement proposals and to finalize a draft by August 31, 2016, which will allow for an October 1, 2016, implementation date. The proceedings were adjourned. (CKM) (Entered: 07/27/2016)

July 26, 2016
76

MOTION to Withdraw 16 MOTION for Preliminary Injunction , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 08/24/2016)

Aug. 24, 2016
77

ORDER − granting 76 Motion to Withdraw Plaintiffs' Motion for Preliminary Injunction (ECF No. 16) is hereby withdrawn, without prejudice to its refiling as circumstances dictate. Signed by Judge Sarah Evans Barker on 8/26/2016. (CKM) (Entered: 08/29/2016)

Aug. 26, 2016
78

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 8/23/2016. If Defendant objects to the current discovery propounded related to a replacement representative Plaintiff, it is to do so on or before September 15, 2016. If the Defendant does not object, Defendant must respond to discovery on or before September 30, 2016. Plaintiff is to file a Motion to Intervene by a new representative Plaintiff and/or Motion to Amend the Complaint on or before November 30, 2016. Plaintiff is to file a Stipulation of Dismissal of Representative Plaintiff Sarah Jackson on or before December 30, 2016. Status Conference set for 10/13/2016 at 03:00 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB) Modified on 9/2/2016 (TMB). (Entered: 09/01/2016)

Aug. 31, 2016
79

NOTICE of Objection to Discovery Request , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION (Jones, Benjamin) Modified on 9/16/2016 (CKM). (Entered: 09/15/2016)

Sept. 15, 2016
81

ORDER − The Court now finds that said Motion 80 should be GRANTED. The pending Motion to Certify Class Dkt. 3 is hereby administratively closed without prejudice, subject to re−opening as circumstances dictate. Signed by Judge Sarah Evans Barker on 9/21/2016. (CKM) (Entered: 09/21/2016)

Sept. 21, 2016
82

ORDER VACATING TELEPHONIC STATUS CONFERENCE: Comes now the Court, sua sponte, and VACATES the TELEPHONIC STATUS CONFERENCE currently set in this matter on Thursday, October 13, 2016 at 3:00 p.m. Signed by Magistrate Judge Matthew P. Brookman on 9/30/2016.(SWM) (Entered: 09/30/2016)

Sept. 30, 2016
83

SCHEDULING ORDER: Discovery Conference set for 10/20/2016 at 12:30 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 10/19/2016.(TMB) (Entered: 10/19/2016)

Oct. 19, 2016
85

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Discovery Conference held on 10/20/2016. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 10/20/2016)

Oct. 20, 2016
86

MOTION to Withdraw Attorney Appearance , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Pautler, Kelly) (Entered: 11/10/2016)

Nov. 10, 2016
87

ORDER granting 86 Motion to Withdraw Attorney Appearance. Attorney Kelly J. Pautler withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 11/15/2016. (SWM) (Entered: 11/16/2016)

Nov. 15, 2016
88

MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention) , filed by Intervenor Plaintiff TENNEIL SELNER. (Attachments: # 1 Class Action Complaint in Intervention for Declaratory and Injunctive Relief, # 2 Exhibit 1 (2016 Policy), # 3 Exhibit 2 (CMS Guidance), # 4 Exhibit 3 (2014 Policy), # 5 Exhibit 4 (2015 Policy), # 6 Exhibit 5 (Selner Denial))(Rose, Gavin) (Entered: 11/30/2016)

Nov. 30, 2016
89

BRIEF/MEMORANDUM in Support re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention) , filed by Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 11/30/2016)

Nov. 30, 2016
90

NOTICE of Appearance by Gavin Minor Rose on behalf of Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 11/30/2016)

Nov. 30, 2016
91

NOTICE of Appearance by Kenneth J. Falk on behalf of Intervenor Plaintiff TENNEIL SELNER. (Falk, Kenneth) (Entered: 11/30/2016)

Nov. 30, 2016
92

NOTICE of No Objection , filed by Defendant SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention) . (Jones, Benjamin) (Entered: 12/19/2016)

Dec. 19, 2016
93

Submission of Proposed Order , re 88 MOTION to Intervene as Named Plaintiff and Class Representative (Permissive Intervention) , filed by Plaintiff SARAH JACKSON, Intervenor Plaintiff TENNEIL SELNER. (Rose, Gavin) (Entered: 12/22/2016)

Dec. 22, 2016
94

Unopposed MOTION for Extension of Time to 30 days after decision on ECF No. 88 to File Dismissal Papers Concerning Sarah Jackson , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 12/30/2016)

Dec. 30, 2016
95

ORDER − granting 88 Motion to Intervene; Tenneil Selner is hereby granted leave to intervene in this action as a plaintiff and representative of the putative class pursuant to Rule 24(b) of the Federal Rules of Civil Procedure, and that her Class Action Complaint in Intervention for Declaratory and Injunctive Relief is deemed filed as of this date. The Clerk is directed to administratively re−open this case. Signed by Judge Sarah Evans Barker on 1/3/2017. (CKM) (Entered: 01/04/2017)

Jan. 3, 2017
98

STIPULATION of Dismissal of Sarah Jackson , filed by Plaintiff SARAH JACKSON. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 01/10/2017)

Jan. 10, 2017
99

DISMISSAL − SARAH JACKSON (on her own behalf and on behalf of a class of those similarly situated) terminated. Approves Parties Stipulation of Dismissal from the case, with prejudice. Signed by Judge Sarah Evans Barker on 1/17/2017.(MAC) (Entered: 01/17/2017)

Jan. 17, 2017
100

Def's ANSWER to 1 Complaint , filed by SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION.(Jones, Benjamin) (Entered: 01/24/2017)

Jan. 24, 2017
101

SCHEDULING ORDER: Status Conference set for 3/23/2017 11:45 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 1/26/2017.(SWM) (Entered: 01/26/2017)

Jan. 26, 2017
103

MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 3/23/2017. The briefing schedules for Plaintiff's anticipated Motion to Certify Class and Motion for Preliminary Injunction shall be as follows: A. Plaintiff's motions shall be filed on or before June 30, 2017. B. Defendant's responses to the motions shall be filed on or before July 28, 2017. C. Plaintiff's replies shall be filed on or before August 18, 2017. Signed by Magistrate Judge Matthew P. Brookman. (TMB) (Entered: 03/23/2017)

March 23, 2017

State / Territory: Indiana

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 11, 2015

Closing Date: Feb. 26, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Any and all adult Medicaid recipients in Indiana, current and future, with a diagnosis of chronic Hepatitis C, genotype 1, who have been prescribed one of the direct-acting antiviral medications enumerated in the 2016 Policy or 2018 Policy, by or in consultation with an Infectious Disease or GI specialist, but do not meet the medical requirements of such policy to receive Medicaid reimbursement for that prescribed medication.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indiana Family and Social Services Administration , State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: $117,500

Issues

General:

Payment for care

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Benefit Source:

Medicaid