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This just in… Appellate court hands Quinn defeat

Wednesday, Aug 3, 2011 - Posted by Rich Miller

* 1:20 pm - An appeals court has ruled that the state can’t change health insurance contracts as long as a joint legislative commission disagrees

An Illinois Appellate Court panel this morning upheld the June ruling of a Sangamon County judge who stopped the state from proceeding with new health-care contracts for state employees, retirees and dependents.

The decision by a three-judge panel from the Appellate Court’s 4th District means the temporary, three-month contracts worked out after Sangamon County Associate Judge Brian Otwell’s ruling won’t automatically be replaced with the original long-term contracts awarded by the state this spring.

The temporary contracts that the Illinois Department of Healthcare and Family Services worked out with Health Alliance, Humana, Personal Care HMO, Personal Care Open Access Plan and HealthLink OAP after Otwell’s June 10 ruling are due to expire in late September.

The state is expected to consider extending those contracts if the legal challenge of the long-term contracts — filed by losing bidders Health Alliance and Humana and pending in Otwell’s court — isn’t resolved by then.

* More

In part of its written opinion, the Appellate Court said that “as the trial court pointed out, DHFS (the Department of Healthcare and Family Services) ignored COGFA’s (the Legislature’s Commission on Government Forecasting and Accountability) decision to deny the expansion and continuation of self-insurance by the state through PersonalCare and HealthLink. We agree with the Attorney General’s opinion that COGFA possesses the authority to make that determination.”

The full decision is here. COGFA, meanwhile, has scheduled a hearing for August 16th to discuss extending the group health insurance contracts through the end of next June.

       

7 Comments
  1. - GMatts - Wednesday, Aug 3, 11 @ 1:37 pm:

    Quinn takes yet another one on the chin. By now he should know that it’s one thing to be a “gadfly” yapping from the peanut gallery, and another thing to sit and actually try to govern. Which he isn’t doing.


  2. - Cincinnatus - Wednesday, Aug 3, 11 @ 2:34 pm:

    Illinois should adopt the same procedure to handle public service unions that cause the big brouhaha in Wisconsin. Since implemented, the union changes in Wisconsin has save local units of government millions of dollars WHILE saving hundreds of public service jobs. Maybe Quinn can talk to Walker while he moves the cheese.


  3. - 47th Ward - Wednesday, Aug 3, 11 @ 2:41 pm:

    Cinci, can you provide a link to any independent analyses that support your claim, or should we just take your word for it that local governments are saving huge amounts of money?


  4. - Cincinnatus - Wednesday, Aug 3, 11 @ 3:10 pm:

    I sure can, but like everyone tells me, try the Googles!

    //www.google.com/search?client=safari&rls=en&q=wisconsin+budget+savings+unions&ie=UTF-8&oe=UTF-8

    Here’s a couple to get you started:

    http://statehousenewsonline.com/2011/07/28/wisconsin-school-districts-seeing-savings-in-union-changes/

    http://www.weeklystandard.com/articles/walker-s-vindication_577310.html?nopager=1


  5. - 47th Ward - Wednesday, Aug 3, 11 @ 3:44 pm:

    Thanks Cinci.


  6. - Reality is - Wednesday, Aug 3, 11 @ 4:16 pm:

    Am I missing something ? What does this ruling have to do with unions ?


  7. - wordslinger - Wednesday, Aug 3, 11 @ 9:37 pm:

    The track record of Illinois Appellate Courts hasn’t been too great lately (Emanuel, capital construction).

    This seems to be more of the never-ending struggle between executive and legislative power, as we’ve seen in issues involving JCAR and most recently pay raises.

    If you look to the state constitution for answers, good luck. It’s clear as mud.

    So many issues. If only there was a mechanism to let an engaged public vote to have a constitutional convention, and the media and goo-goos, Tea Partiers, et. al. got behind it….

    Say what?


Sorry, comments for this post are now closed.


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