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.

* Statehouse institution Vicki Crawford moves on
* So, why not just release the bill?
* Fun with terribly confusing numbers
* Budget veto overrides lift higher ed bond ratings
* *** UPDATED x7 - Oops in proclamation? - Pawar, Koehler, Kennedy, Biss, ILGOP, Pritzker respond *** Special session proclamation issued
* Question of the day
* What does "messaging" really mean to Rauner?
* *** UPDATED x2 - ILGOP pounces on Madigan - DGA responds *** Rauner still won't release details of his proposed AV
* Is Rauner staffer on the way out?
* Rauner: Special session to commence Wednesday
* Cullerton again calls on Rauner to hold leaders' meetings before veto
* *** UPDATED x2 - Pritzker responds to ILGOP - ILGOP responds *** Pritzker again tackles the Madigan question
* Kennedy talks about how to address gun violence and what it's done to his own life
* Two political views of SB 1
* Another great explainer from Rhodes
* *** UPDATED x1 - ICPR responds *** A bit more on that curious Tribune passage
* Why Z had to leave
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's stories

Visit our advertisers...





* BROWN: Downstaters ready to bail on Rauner over.....
* Education standoff in Springfield: Governor, la.....
* Mike Madigan doesn’t care..
* Woe to Illinois as Gov. Rauner throws in with t.....
* Governor Rauner calls for special session to so.....
* Illinois governor calls another special session.....
* Illinois governor calls another special session.....
* “Let's not play political games,” News 8 one-on.....
* Trade unions offer info session - Herald & Review..

* Dog sculptures downtown Chicago honor police canine unit
* Gunman who shot Chicago police officer still at large
* Jury awards $150M in punitive damages in testosterone case
* Credit rating improves for 7 Illinois universities.
* Supporters, foes clash over underwater oil pipeline's future
* Illinois employees under investigation for derogatory emails
* Central Illinois struggles to find solution for bed bugs
* Thunderstorms exacerbate flooding in northern Illinois
* Illinois governor calls another special session on education
* The Latest: Gov. Rauner calls school-funding special session

* Rauner: Special sessions start Wednesday for school funding
* State employee under investigation for derogatory emails
* Thunderstorms exacerbate flooding in northern Illinois
* Rauner says special sessions start Wednesday for school funding
* Rauner makes another demand to get school funding bill
* Cullerton discourages school-funding veto; seeks discussion
* John Curran to replace Christine Radogno in Illinois Senate
* Schools caught in middle while waiting for state funding
* Rauner U of I trustee pick a generous GOP donor
* Rauner sets deadline for SB 1, says he'll call special session

* Aldermen blast city, McCormick Place officials over Navy Pier TIF plan
* Trump calls on GOP to repeal Obamacare amid doubt on vote
* Morningstar buys stake in responsible-investing research firm
* Morningstar buys stake in responsible investing firm
* AbbVie ordered to pay $150 million damages in 'Low-T' trial

* Credit rating improves for 7 Illinois universities
* 2 charged with shooting at home in Aurora
* AP sources: Trump speaks to advisers about firing Sessions
* Police: Man attempts to burglarize Mount Prospect home
* SWEET: Rep. Mike Quigley’s questions for Jared Kushner
* John McCain to return to Senate for Tuesday’s health care vote
* Victory over Cubs felt like playoffs for win-starved White Sox
* Three Chicagoans charged with robberies, carjackings in Hammond
* Police: 1 killed, 7 injured in Lake Shore Drive crash
* Cubs’ Willson Contreras is so good, he’s well worth the occasional bad

* Paula Hess honored posthumously as IHSA dance official of the year
* New penalties in place for youth caught vaping in Park Ridge
* 1 dead, 7 hurt in Lake Shore Drive crash in Uptown
* John McCain's return to Senate injects momentum into GOP health care battle
* With 'Better Deal,' Democrats (temporarily) calm a restive left
* Man carjacked on I-80 ramp in New Lenox, police say
* Cubs' stretched bullpen could benefit from reinforcements
* Ex-Bull Derrick Rose agrees to one-year deal with Cavaliers
* Trump administration weighs options to replace Jeff Sessions
* Cubs come up empty in clutch situations vs. White Sox

» Rauner Calls School-Funding Special Session
» Cullerton Discourages School-Funding Veto; Seeks Discussion
» A Closer Look At The Group That Could Inform Rauner's Agenda
» Illinois Finally Compensating Unjustly Imprisoned
» Chicago Festival To Mark Pokemon Go Anniversary Goes Awry
» A Closer Look At The Group That Could Inform Rauner’s Agenda
» Restraining Order On Cook County Soda Tax Extended A Week
» Illinois Steel Company Proposes To Move Plant To Indiana
» State Week: Despite Budget Veto, Rauner Presses For School Money
» Special Session Slated If Rauner Doesn't Get School Bill

* Rauner: Special sessions start Wednesday for school funding
* Our View: Now is your time to weigh in on Y-block
* State employee under investigation for derogatory emails
* Thunderstorms exacerbate flooding in northern Illinois
* Bernard Schoenburg: Klickna looks back on 44 years in education
* Rauner says special sessions start Wednesday for school funding
* Rauner makes another demand to get school funding bill
* Cullerton discourages school-funding veto; seeks discussion
* John Curran to replace Christine Radogno in Illinois Senate
* Schools caught in middle while waiting for state funding

* Collinsville man hit in face with handgun, suspect flees, police say
* Hannah Caraway talks about her goals and what drives her
* Water treatment project nears completion
* Greene, Scott counties police news, July 24
* Alton panel favors 1 percent rise in hotel tax, raising electricity tax
* Here’s how to see the International Space Station in the sky this week
* Stunning Aurora Borealis and Aurora Australis from space in ultra-high def
* Experts, community members discuss mental health in African-American community
* What will animals do during the eclipse? Scientists aren't entirely sure.
* Driver in fatal crash from Moline

* Images: White Sox top Cubs in opener of Crosstown Series, 3-1
* Here's what happens if governor vetoes just part of school funding bill
* Son cut mom's throat in Round Lake Park, police say
* Angry about flood, Mundelein residents pack board meeting
* Mount Prospect police seek suspect in residential burglary

* Hultgren praises teamwork in fighting rece...
* Letter: Health bill and hunger - Kane Coun...
* Hultgren seeking applicants for STEM Schol...
* Construction of Massive Neutrino Experimen...
* Editorial: We need answers on Trump and Ru...
* Rep. Randy Hultgren fields questions at Le...
* Teacher raised in Yorkville running agains...
* Hultgren backs change to Voting Rights Act...
* Hultgren, Helsinki panel call on Trump to ...
* Hultgren meets five Yorkville workers who ...

* Senate Introduces Pathway to Citizenship f......
* Key Senate subcommittee restores funds for......
* Key Senate subcommittee restores funds for......

* Sen. Duckworth, Illinois attorney general,......
* Sen. Duckworth, Illinois attorney general,......

* Armed & fabulous: In Chicago, women worried about violence join gun club.
* The Life Of Land After Frac Sand
* The White Sox Report: Times Change
* TrackNotes: Lazy, Hazy, Crazy Dog Days
* The Weekend In Chicago Rock
* Wait Wait . . . Don’t Tell Me! in Millennium Park, and more things to do in Chicago this week
* “The Driver’s Side” – News From The Motorist’s Perspective
* Governor Rauner calls General Assembly back into special session for school funding
* Bossy Chicago leads the way for woman-owned businesses
* Thorner/O'Neil: Immigration: An Issue of Importance to all Americans (Part 2)

* 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

* Google Pixel 2 Snapdragon 836, Apple’s Siri + The Rock & more – Pocketnow Daily
* What is it with blue? New blue color clued for Galaxy Note 8
* In this iPhone 8 CAD leak, the display is on
* T-Mobile brings scam call tools to MetroPCS from July 25
* iRobot Wants to Sell Mapping Data Collected by Roomba Vacuums to a Tech Company Like Apple
* Qualcomm Says Tech Group Supporting Apple is 'Misdirecting' ITC With 'Coordinated Effort'
* Gazelle putting on extra discounts for its secondhand iPhones and more

* Young trio enjoys 1st taste of rivalry with Cubs
* Swarzak notches long-awaited 1st career save
* Sox ride Gonzalez, HRs to down Chi-Town rivals
* Rodon, Lackey set as Chi-Town rivals duel
* Rodon eyes rebound as he faces crosstown foes
* Sox ride Gonzalez, HRs to down Chi-Town rivals
* Prospect Burdi to have Tommy John surgery

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