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Settlement for Colorado Medicaid Hepatitis C Treatment (Ryan v. Bimestefer)

COLORADO MEDICAID MEMBERS: ASK YOUR DOCTOR (AGAIN) ABOUT GETTING TREATMENT NOW FOR HEPATITIS C

To all Health First Colorado (Colorado Medicaid) members living with the Hepatitis C Virus – if you want treatment for Hepatitis C, your doctor may now seek coverage for you from Medicaid without consideration of your liver fibrosis score.

Individuals previously prescribed these life-saving medications for Hepatitis C, but who were denied this treatment based on their fibrosis score, can and should re-apply to receive approval for treatment now.

Si les gustaría ver este aviso en Espanol, hacer clic aquí.

 

WHY NOW?

In 2017, four individuals infected with Hepatitis C Virus—with the help of the ACLU of Colorado and the Harvard Law School Center for Health Law and Policy Innovation—challenged the Colorado Department of Health Care Policy and Financing’s (HCPF) treatment criteria by filing a class action lawsuit on behalf of thousands of Coloradans. Eventually, HCPF, which administers the state’s Medicaid program, agreed to eliminate its restrictive treatment criteria, effective on January 1, 2018.

For more information on this Hepatitis C treatment criteria change, check out the FAQs and the key documents from this class action settlement for Ryan v. Bimestefer (Civil Action No. 17-cv-00904-KLM) below.

WHO DOES THIS APPLY TO?

This change affects all individuals who are:

  • Living with the Hepatitis C virus,
  • Currently enrolled in Health First Colorado (Colorado Medicaid) or were enrolled in Health First Colorado between January 1, 2016 and January 1, 2018 at any time, and
  • Your doctor submitted a request for Hepatitis C drug treatment (Direct Acting Antivirals), but you were denied because of fibrosis score.

If you are currently enrolled in Colorado Medicaid and you are living with Hepatitis C, talk to your doctor now about getting treatment. 

IF THIS APPLIES TO ME, WHAT SHOULD I DO?

  • Go to your doctor, and ask (again) for treatment for Hepatitis C. You will no longer be denied because of your fibrosis score.
  • You may comment on, object to, or show your support for this Settlement Agreement. The Court will decide whether to approve or reject the proposed Settlement Agreement after a Final Hearing on April 25, 2019, at 9:30 a.m. at Alfred A. Arraj United States Courthouse, Courtroom A-401, 901 19th Street, Denver, Colorado.
  • You do not have to attend the hearing, but 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. Any letters must be sent to:

Clerk of Court, Ryan v. Bimestefer, Case No. 17-cv-00904-KLM

United States District Court for the District of Colorado
Alfred A. Arraj Courthouse
Courtroom A401
901 19th Street
Denver, Colorado 80294

If you choose to send written comments or come to the hearing, the judge must get your letter no later than March 4, 2019. You also have to send a copy of your letter to all of the attorneys involved in this case. Mail copies of your letter to:

Attorneys for Plaintiffs:

Paul G. Karlsgodt
Sammantha Tillotson
Baker & Hostetler LLP
1801 California Street, Suite 4400
Denver, Colorado 80202

Mark Silverstein
Sara R. Neel
Arash Jahanian
ACLU Foundation of Colorado
303 E. Seventeenth Avenue, Suite 350
Denver, Colorado 80203

Attorneys for Defendants:
Jennifer L. Weaver
Corelle M. Spettigue
W. Eric Kuhn
Michael D. McMaster
Rachel O. Entrican
Colorado Department of Law
1300 Broadway, 6th Floor
Denver, Colorado 80203

WHERE CAN I FIND MORE INFORMATION?

Contact Class Counsel:

  • Sara R. Neel from the ACLU Foundation of Colorado at sneel@aclu-co.org or telephone: 720.402.3107
  • Paul G. Karlsgodt from Baker & Hostetler LLP at pkarlsgodt@bakerlaw.com or telephone: 303.861.0600
  • Kevin Costello from the Center for Health Law & Policy Innovation at Harvard Law School at kcostello@law.harvard.edu or telephone: 617-496-0901.

KEY DOCUMENTS FROM Ryan et al. v. Bimestefer (Civil Action No. 17-cv-00904-KLM)