Capitol - Your Illinois News Radar » Another federal court filing that could cost the state big bucks
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
To subscribe to Capitol Fax, click here.
Another federal court filing that could cost the state big bucks

Monday, Jul 17, 2017

* Press release…

Attorneys for Illinois residents with developmental disabilities have pleaded with the federal court to force the State to raise rates to service providers, contending that the existence of the state’s group homes is “precarious” under current funding levels.

The argument came Friday in a brief (attached) in support of a motion the lawyers filed in April, asking U.S. District Judge Sharon Johnson Coleman to enforce the Ligas Consent Decree. The court-appointed monitor has declared the State out of compliance with the decree for the past two years, and the attorneys said in May that the service system “is on the brink of disaster.”

The attorneys rejected the State’s contention that the court lacks authority to order a rate increase, citing a decision by Judge Joan Lefkow June 30 to enforce another consent decree by ordering the State to pay $586 million a month in Medicaid payments to physicians and $2 billion worth of back bills. They said Lefkow’s order “requires funding to enforce the provisions of the consent decree, as (we) have requested here.”

The brief was filed by Equip for Equality, an advocacy group, and the ACLU, representing the Ligas plaintiffs, and two lawyers representing residents of intermediate care facilities.

Illinois is the wealthiest of the Midwest states, the attorneys said, “yet only contributes a third of the average Midwest per-person rate for developmental disability services. The lower overall funding of these services in Illinois—at rates substantially less that the actual operation costs—places Illinois’ (group homes) in a precarious existence.”

The plaintiffs only seek “what was promised to them” by the State, the attorneys said. They said the State “ignores the fact that plaintiffs bargained for—and, more importantly, obtained—an express commitment that class members would not simply be moved out of institutions, but would receive the person-centered services necessary for true community integration. . . . The State cannot enter into a consent decree agreeing to provide certain services and then excuse itself from compliance by claiming that providing the very services it agreed to would be too expensive.”

The new state budget provides for a 75-cent-an-hour wage increase for disability workers, far below what the lawyers say is needed.

Disability consultant Ed McManus said the State is clearly shirking its duty to Illinois’ residents with developmental disabilities. McManus operates a Wilmette-based consulting firm representing 30 provider agencies around the state.

“Equip for Equality sued the State in 2005 for its failure to provide adequate services, and the State settled the litigation and avoided trial by agreeing to the consent decree,” he said. “Now it’s claiming all it had to do was provide services to more people, with no regard for quality. That’s preposterous! Providers are experiencing an unprecedented staff shortage due to low wages, and the quality of services has plummeted as a result. Hopefully, Judge Coleman will recognize this and not let the State off the hook.”

The filing is here.

…Adding… Kerry Lester has more on this general topic today. Click here.

- Posted by Rich Miller        

  1. - Skeptic - Monday, Jul 17, 17 @ 9:30 am:

    ” The State cannot enter into a consent decree agreeing to provide certain services and then excuse itself from compliance by claiming that providing the very services it agreed to would be too expensive.” Now, where have I heard that argument before? Oh, right…the plaintiffs in that 2015 Pension case. It was solid and convincing then, I don’t see it being any less so now.

  2. - winners and losers - Monday, Jul 17, 17 @ 9:47 am:

    After utterly failing in its job to protect people in community placements (CILAs), Equip for Equality is attempting through court action to force the state of Illinois to provide more money, saying lack of state funding is the reason for the abuse and neglect that the Chicago Tribune has documented.

    Equip for Equality is the federally-mandated Protection and Advocacy System for Illinois. But it also has advocated for the closing of state facilities like Jacksonville Developmental Center and more money for CILAs, and I believe studiously ignores its duty to protect people placed in or choosing to live in those community homes.

    Who is supposed to hold Equip for Equality accountable?
    Letter to the Editor, SJR, April 25, 2017

  3. - DuPage Dave - Monday, Jul 17, 17 @ 9:52 am:

    This will add up to a lot of money the state doesn’t have. The developmental disabilities waiver is huge.

  4. - Waffle Fries - Monday, Jul 17, 17 @ 9:54 am:

    I almost feel bad for the AG’s office in having to try and do its best to come up with a defensible argument against the motion to enforce.

  5. - LTSW - Monday, Jul 17, 17 @ 10:06 am:

    Waffle Fries, don’t feel bad for the AG. Those attorneys have put us in this position by settling these suits under the consent decree process all the while knowing the state couldn’t comply. Both gov’s agencies and legislative committees have responded to the AG that we can’t comply but the AG agree to decree settlement anyway.

  6. - Anonymous - Monday, Jul 17, 17 @ 10:52 am:

    Good point “winners and losers”. Equip for Equality KNEW about the abuse/neglect/deaths in these CILAs and did nothing to stop it. They believe in “community” over everything….even at the expense of the disabled….the very people they are supposed to protect. They are given millions of dollars every year from the state to oversee the care of the disabled, and they have failed miserably. They have never, ever, been to my brother’s CILA nor have they ever visited any of the CILAs in the agency that runs my brother’s home and many others.

  7. - Ghost - Monday, Jul 17, 17 @ 1:06 pm:

    Wait the disability workers sued to be free of a union…. now they are mad that there wages arent going up?

  8. - Aldyth - Monday, Jul 17, 17 @ 1:48 pm:

    Ghost - A different set of disability workers.

    In the almost ten years since those of us who run group homes and day programs took a huge funding cut that eliminated entire programs and services, my staff have seen one raise. Would you do that? Would you be that dedicated to people who need to be fed and toileted?

  9. - walker - Monday, Jul 17, 17 @ 2:51 pm:

    Don’t see how IPI’s pie-in-the-sky arguments and numbers, will stand up to such realities.

  10. - Emagrecer rapido e com Saude - Tuesday, Jul 18, 17 @ 12:13 am:

    Dependendo do seu objetivo, a quantidade ira’ mudar.

TrackBack URI

Post your comment... And please take a half second to come up with a nickname. It makes following the posts easier for everyone... Thanks

In other words, do your best to be civilized and smart.

* Kennedy's sometimes odd sense of humor
* New AFP-IL mailers target some who voted to override Rauner's tax hike veto
* Yesterday's stories

Visit our advertisers...





* Metra: More fare hikes, service reductions poss.....
* Illinois governor plans to block the revamp on .....
* Dying for better health care - Illinois Times..
* The bane of their existence - Illinois Times..
* CPS principals to receive budgets for 2017-2018.....
* Illinois Issues: The Prairie State’s Nuclear Wa.....
* Rauner tours northern Illinois flooding damage .....
* New Illinois Law Requires Health Insurance Comp.....
* Governor Signs "Charlie's Law" - WSIU..
* Illinois Is 5th Least-Expensive State For Energ.....

* 'Person of interest' in Vermont murder arrested in Illinois
* Attorney appointed to serve as next deputy mayor of Chicago
* EXCHANGE: Army pilot reunites with fighter copter in Dixon
* Suspect faces arraignment in kidnapping of China scholar
* Suspect faces arraignment in kidnapping of China scholar
* Robotic underwater lab helps track Lake Erie water toxins
* Bridge renamed for late Illinois State Police sergeant
* Galena to dedicate garden to friend of Lincoln's, Grant's
* 16-year-old from Minnesota ID'd as victim of John Wayne Gacy
* Rauner tours northern Illinois flooding damage

* Rasmussen was registered lobbyist before becoming Rauner staffer
* Milhiser gets report on powdery substance incident at Capitol
* Rasmussen was registered lobbyist before going to administration
* Under the Dome Podcast: Will schools get state funding before summer is over?
* Foundation gets legal OK to sell naming rights at state fair
* Private foundation gets legal go-ahead for naming-right sales
* ACLU: Illinois juvenile center unfairly seeks charges
* New Rauner aide fired for past tweets
* Rauner demands school funding bill so he can cut Chicago money
* Illinois budget gives temporary fix for public universities

* Sears stock jumps on Amazon deal
* McDonald's hunts for growth in a fast-food dead zone
* U of C to house undergrads at pricey off-campus building
* Rolling Stone says you should know this local singer
* Tour this home on 40 acres in La Porte

* O.J Simpson makes his case before parole board today
* New deputy mayor Rivkin has transportation experience
* Sears to sell Kenmore appliances on Amazon
* CUPP: Why Trump gets away with ‘Made in America’ hypocrisy
* Police: Armed robbers strike twice in 10 minutes on Near West Side
* Burglaries reported in West Town
* 2 drivers hurt in 3-car Edens crash in Skokie
* 2 kids among 15 shot Wednesday on South, West sides
* Minivans targeted in thefts on Far South Side
* 17-year-old girl shot to death in Hammond

* Don't get so excited. "As the Trump World Turns" is just getting started.
* How new faces could spark secondary revival for Bears
* Bulls Q&A: Expectations for Zach LaVine and Kris Dunn, that billboard and more
* In the name of speed: Autobahn Country Club lets Chicagoans be hooligans
* Cubs must get Kris Bryant to stop the stupid
* First Yusho to close on Saturday, but chef Matthias Merges seeking new home
* White Sox third-base job there for the taking for Matt Davidson
* Moon dust bag suburban woman bought for $995 could fetch millions at auction
* Why Bears' future depends on hard reset at quarterback
* Alabama man shoots 820-pound wild hog

» Plan For New CPS High School Puts Chinatown In Middle Of Racial Fray
» Illinois Issues: The Prairie State's Nuclear Waste Conundrum
» Aldermen And Angry Residents Reject Plan To Close Four South Side High Schools
» Cops Charged In Alleged Laquan McDonald Cover-Up ‘Comfortable’ With Latest Judge
» Illinois Sheriff IDs Another Victim Of John Wayne Gacy
» Cook County Sheriff's Office Pushes Back On Preckwinkle's Budget Cuts
» Is Illinois In Need Of A Constitutional Convention?
» Business Group Defunds CPS Anti-Violence Efforts To Fight On Another Front
» Berrios Defends ‘Flawed’ Property Tax Evaluations
» Court Filing: Downstate Youth Prison ‘Funnelling’ Kids Into Adult Prisons

* Rasmussen was registered lobbyist before becoming Rauner staffer
* Our View: Shopping local more important than ever
* Marc Thiessen: McConnell's health-care Hail Mary
* Kathleen Parker: Repeal and regroup
* Bernard Schoenburg: Klickna looks back on 44 years in education
* Milhiser gets report on powdery substance incident at Capitol
* Rasmussen was registered lobbyist before going to administration
* Under the Dome Podcast: Will schools get state funding before summer is over?
* Our View: Lawmakers need to get moving on school funding reform
* Foundation gets legal OK to sell naming rights at state fair

* Voegele Studio, Quality Paint Co. started in Highland in the 1920s
* ARC to add Saturday services, credit card payments
* 1931: Circus elephant shoves car through garage wall in O’Fallon
* Despite budget accord, schools may not see any money by start of classes
* PODCAST: Tom Kacich 07/20/17
* Sharing the bounty
* Play takes humorous look at marriage
* Council approves fire services contract with VA
* Gubernatorial candidate to host town hall
* Police Reports

* Sears cuts deal to sell its appliances on Amazon
* Abbott tops Street 2Q forecasts
* 5 questions about John McCain's brain cancer
* Metra: More fare hikes, service reductions possible
* Nine families relaunching Wynstone as private golf club of future in North Barrington

* Hultgren seeking applicants for STEM Schol...
* Hultgren meets five Yorkville workers who ...
* Editorial: We need answers on Trump and Ru...
* LIVE: US hearing on human rights and Duter...
* Chamber Exchanger: St. Charles Chamber Gol...
* Letter: Proposed health care reforms turn ...
* Randy Hultgren: US should remain on UN cou...
* Rep. Randy Hultgren constituents decry sec...
* Hultgren praises teamwork in fighting rece...
* Hultgren, Helsinki panel call on Trump to ...

* Sens. Graham, Durbin To Lead Bipartisan Dr......

* Tammy Duckworth: Trump is derelict in his ......

* Explaining The Rise In Hate Crimes Against Muslims In The U.S.
* The [Friday] Papers
* Former Battles front man Tyondai Braxton plays his first solo set in Chicago since 2006
* A teenager who disappeared in the 1970s identified as a victim of John Wayne Gacy, and other Chicago news
* Third Argyle Night Market Is This Evening: Lion Dance At 6pm
* Pensions Tier III: Your future 401K will likely not be protected under Article XIII, Section 5, the pension protection clause of the Illinois Constitution.
* White Sox rebuild progressing, but will Yankees will to win get in the way?
* 6th Ward Shred-a-thon tomorrow
* “The Driver’s Side” – News From The Motorist’s Perspective
* A Statement From City Pads On Wilson Men's Hotel Acquisition

* Illinois Awarded Funds to Offer Advanced Training on Detecting Impaired Driving
* Illinois EPA Announces Upcoming Household Hazardous Waste Collection Events
* IEMA Highlights Emergency Preparedness for People with Access and Functional Needs in May - Ready Illinois website offers preparedness tips for people, caregivers
* First Lady Launches Illinois Family Connects
* Governor and Lt. Governor Unveil 2016 Journal of Local Government Shared Service Best Practices

* OxygenOS Open Beta 20/11 for OnePlus 3 and 3T brings optimizations and bugfixes
* Best Buy's 'Black Friday in July' Sale Includes Deals on iPad Pro, MacBook Air, and BeatsX
* Viber acquires Chatter Commerce, the startup behind its shopping keyboard
* Dreamy new Apple patents imagine personalized 911 fingerprint calling, smart Siri dock with wireless charging
* Wi-Fi Mesh System Luma Launches $5/Month Service With VPN, Priority Tech Support, and More
* You Can Now Pay For iTunes and App Store Purchases With Your Phone Bill in Three More Countries
* T-Mobile adds more than 1m new subscribers for the 17th quarter running

* Moncada debuts in loss to Dodgers
* Sox Century: July 19, 1917
* Moncada hitless as White Sox fall to Dodgers
* Moncada embracing excitement of callup
* Dodgers 9, White Sox 1 (7½ innings): Sweet, merciful storm
* Moncada embracing excitement of callup
* Moncada hitless as White Sox fall to Dodgers

Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005


RSS Feed 2.0
Comments RSS 2.0

Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller