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NH Department of Health and Human Services Settles Dental Services Case with Medicaid-Eligible Children

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Case ID: 3181 | Drugs / Medical | 08/19/2004

The court has approved a settlement between the parties in an action filed against the New Hampshire Department of Health and Human Services on behalf of all persons under age 21 who are now enrolled, or who become enrolled in the New Hampshire Medicaid program and are entitled to receive Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) dental services. The action alleged that the department failed to provide EPSDT services to children who were entitled to receive those services under Medicaid in violation of national health regulations.

The settlement requires the New Hampshire Department of Health and Human Services to allocate an additional $1.2 million each year to fulfill its EPSDT obligations under Title XIX of the Social Security Act. Compliance with the settlement will be monitored by the court and class counsel from New Hampshire Legal Assistance for at least five years.
The court determined that the evidence showed that in May 2003, when the issue of class certification was being litigated by the parties, more than 55,000 children in New Hampshire were eligible for Medicaid. Of those children, more than 12,000 were enrolled in the Department of Health and Human Services' voluntary Medicaid managed care program and were eligible to receive dental services through a prepaid dental benefit plan.

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