NHTD Class Action Settlement Page

In 2015, MFJ and Patterson Belknap Webb & Tyler LLP filed a class action lawsuit about the Nursing Home Transition and Diversion (NHTD) Waiver Program. The lawsuit is titled Bagley et al. v. New York State Department of Health et al (“the Lawsuit”). The Lawsuit alleged, among other things, that the Department of Health (DOH) designed and administered the NHTD Waiver Program in New York City in number of problematic ways that made it hard for qualified applicants to receive services. The DOH has denied that it acted improperly. The Plaintiffs and the DOH are now proposing a settlement agreement that they believe is fair for all Class Members. The proposed settlement agreement would make a number of important changes to the NHTD Waiver Program. However, the Court must approve the settlement agreement for it to take effect. On this page is a Notice to the Class summarizing some key terms of the settlement agreement and providing information about the October 1, 2024, fairness hearing, and Class Members’ rights to support or object to the settlement is available here. A copy of this notice in other languages will be posted before September 3, 2024, on the DOH website: https://health.ny.gov/facilities/long_term_care/nhtd/resources/index.htm. The full settlement agreement is also available here.