Question of the day
Thursday, Aug 6, 2020 - Posted by Rich Miller
* Center Square…
The truncated COVID-19 session the Illinois legislature organized in late May in Springfield had an additional $143,000 taxpayer cost so the House could legislate while remaining socially distant. […]
The invoice from the Bank of Springfield Center put the final cost at $143,857. Of that, $50,600 was for audio and video equipment rental and nearly $5,500 for stage hands. Catering cost $48,900. Parking cost about $5,600. The facility rental was $20,000.
Not going to second-guess the price because May was a really bad COVID month.
* The Question: Should this sort of session be avoided in the future? Take the poll and then explain your answer in comments, please…
survey service
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* Center Square…
Environmental advocates are hoping new social justice and ethics enhancements to their signature green energy overhaul of Illinois’ power portfolio are enough to get it to Gov. J.B. Pritzker’s desk this fall, but a cloud of uncertainty still hangs over the bill that is seen as another handout for a power provider mired in a patronage scandal.
Groups behind the Clean Energy Jobs Act, or CEJA, announced changes to the proposed Illinois bill that they say better reflect the need for ethics reforms for power providers and social justice.
“These extraordinary crises call for bold action this fall that puts the people of Illinois first, not utilities and polluters,” said Jack Darin, director of the Sierra Club’s Illinois chapter.
Darrin said they’ll also advocate repealing rate hikes given to Exelon subsidiary ComEd by lawmakers in 2011.
* Amanda Vinicky
“Illinois People’s Action has never believed corporations should police themselves; not the banks, not the coal merchants and not the utilities,” said Peoria Rev. Tony Pierce of Illinois People’s Action. “Let’s move forward by making the deferred prosecution agreement accountability structures permanent and make sure we’re not relying on ComEd or any other utility to police itself.”
Energy consultant Andrew Barbeau, president of The Accelerate Group, said the focus will also be on utilities’ lobbying practices and transparency.
“The system has been so tilted in the favor of fossil plant and polluters over the course of the last decade,” Barbeau said. “As the facts have come to light, we think it’s appropriate for regulated utilities to be subject to these transparency and strong ethics guidelines. We want to be sure that, as we look at how the utilities spend their money, they’re not doing it in a way that creates conflicts of interest.”
In addition to requiring an independent monitor over utilities and a rollback of the formula currently used to set electric rates in favor of a new rate-setting method that gives regulators and the public additional agency, the plan will require that more jobs and resources go to communities most affected by the impact of dirty power producers, including communities of color.
* Capitol News Illinois…
In addition, coalition members said they want language added to the bill that repeals legislation from 2011 that provides for automatic, formula-based rate adjustments.
“This is something that we’ve been concerned about for a long time,” said Andrew Barbeau, of the Environmental Defense Fund. “And I think as the facts have come to light, we think it’s appropriate for regulated utilities to be subject to these transparency and strong ethics guidelines.”
That formula-based rate was a hard-fought win for the company.
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Still looking for just the right angle, I see
Thursday, Aug 6, 2020 - Posted by Rich Miller
* David Greising of the BGA today…
Voters have the option to hold them accountable. They can track which candidates accept Madigan campaign money. They can make the vote for Madigan as speaker in January a key issue at the ballot box.
They also can let Gov. Pritzker know that their decision on the so-called fair tax amendment this fall will rest on the governor’s stance on Madigan.
* David Greising of the BGA July 9…
But unlike Ogilvie, who fit his argument for an income tax into a case for holistic fiscal reform, Pritzker so far has left his graduated tax to stand mostly on its own.
He might have paired his tax initiative, which is popular with liberals, with a pension amendment, which would have appealed to conservatives. Meaningful property tax reform would have made the tax change more palatable to some. Pritzker did neither, offering little to voters who are skeptical of his plan.
Those working to defeat Pritzker’s tax plan can raise questions about whether Pritzker or some future governor might use the graduated tax to ratchet up taxes on middle-income voters, not just the top 3%. Once the Pritzker tax passes, they argue, nothing in the proposed constitutional amendment prevents that from happening.
* David Greising of the BGA February 20…
When Illinois voters go to the polls in November, the progressive tax amendment may be the most important question on their ballots. The issue will be up for grabs, more so than whether blue-state Illinois will want to back President Donald Trump for a second term.
Pritzker’s plan would replace Illinois’ flat tax with a graduated income tax projected to increase revenue by $3.6 billion a year, chiefly by hiking tax rates on the top 3% of all earners.
As a political matter, nothing means more to Pritzker’s future than getting voters to back the amendment. The graduated tax is the issue that got him elected, and a victory in November would help pave the way to reelection. It could even feed any aspiration Pritzker may have for even higher office.
* David Greising of the BGA April 5, 2019…
Adding a change to the pension clause, alongside the plan for reform of the tax system, would constitute a classic negotiating strategy: The progressive tax appeals to liberals and the pension fix to more fiscally conservative voters.
The pension fix also makes good policy in its own right. Chicago Mayor Rahm Emanuel even called for it late last year, in the waning days of his mayoralty.
Pritzker may not need a package deal of constitutional reforms. He probably can get the votes to pass his tax amendment without a pension fix, too. But the progressive tax alone won’t solve the state’s fiscal problems. And passing both amendments together would be a good sign that voters in all income brackets can look forward to some measure of relief from their new governor.
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* WGEM TV…
Judge Roger Thomson sided with the Quincy Public School Board of Education Thursday morning by granting their attorney’s motion to dismiss a lawsuit challenging QPS’s ability to require students to wear face masks and submit to temperature checks to attend in-person learning.
The judge said the board has the power to adopt rules to govern attendance when it is necessary to maintain school function or protect health and safety.
Attorney Thomas DeVore filed the lawsuit on behalf of parent Roni Quinn. DeVore cited several previous cases when the courts ruled against schools’ abilities to pass rules governing attendance in relation to smallpox vaccinations.
Judge Thomson said those cases were between 1897 and 1924. Thomson said in the last 96 to 120 years the General Assembly has acted to significantly change the school code to expand powers and duties granted to school boards.
Thomson granted the motion to dismiss without prejudice, which allows DeVore to file an amended suit within the next 21 days.
Maybe DeVore should try to move the suit to Clay County. /s
*** UPDATE *** WMAY…
Appearing live on WMAY, Thomas DeVore said he is filing suit against Mayor Jim Langfelder’s executive order mandating businesses to enforce face mask and social distancing rules or risk fines and possible loss of food service or liquor licenses. DeVore is representing Fox Run restaurant in the case.
He says Langfelder lacks the legal authority to issue such orders… and calls the lawsuit the easiest case he’s seen yet among the multiple suits he’s filed related to pandemic restrictions.
Maybe it’s easy in Clay County. Sangamon could turn out to be a different animal altogether.
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* The vote was unanimous, according to Greg Hinz…
The huge Illinois Teachers’ Retirement System announced Executive Director Richard Ingram resigned Aug. 3, three days after the TRS board placed him on administrative leave “due to performance issues covered by his employment contract.”. […]
According to the agency’s last annual financial report, it concluded fiscal 2019 on June 30, 2019, with $53.3 billion in assets but $134.4 billion liabilities, leaving it with a funded ratio of just 40.6 percent.
In a preface to the report, Ingram openly discussed the possibility that TRS could go “insolvent,” a development he blamed on consistent underfunding by state government. The same report, however, disclosed TRS’ return on assets in fiscal 2019 plummeted from $4 billion to $2.6 billion.
Pritzker aides did not immediately return calls for comment, but sources familiar with TRS tell me there were disputes over investment philosophy and how low to set the fund’s assumed rate of return. Setting that figure lower would force the state to contribute more each year now, something that would pull money from other, arguably more politically popular funding programs.
*** UPDATE 1 *** Greg’s story has been updated…
An investigation by led by former U.S. Attorney Zachary Fardon has led to the ouster of the head of the state’s largest government pension plan.
The huge Illinois Teachers’ Retirement System confirmed this afternoon that Executive Director Richard Ingram resigned after the board received results of a review into “performance-based issues” from Chicago law firm King & Spalding, where Fardon is now a partner in the firm’s government investigations practice.
*** UPDATE 2 *** Bruce Rushton…
Ingram’s resignation comes after the recent termination of Jana Bergschneider, the board’s chief financial officer. Bergschneider was paid $191,300 last year, according to Illinois comptroller records. Ingram was paid $303,000 per year, according to the comptroller.
David Urbanek, TRS spokesman, said that he could not give details surrounding the departures of Bergschneider and Ingram, saying that they are personnel matters. Devon Bruce, board chairman did not respond to an emailed request for an interview. After Illinois Times asked to speak with Bruce, Urbanek told the paper that the board chairman is not giving interviews.
“However, I have been authorized to provide the media with one addition piece of information: The Board’s unanimous vote came after an investigation of issues relating to Mr. Ingram’s contract conducted by the Chicago law firm of King and Spalding,” Urbanek wrote. “Leading the investigation for King and Spalding was its managing partner, Zachary Fardon, the former U.S. attorney for the Northern District of Illinois.”
Asked whether the investigation found any evidence of criminal conduct or whether any law enforcement agency has been contacted, Urbanek wrote in an email that he had no comment.
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* BGA…
Public officials’ private email and text accounts are subject to disclosure requirements of the Freedom of Information Act, the Illinois 1st District Appellate Court ruled on Wednesday, upholding a circuit judge’s ruling in a Better Government Association lawsuit against the city of Chicago.
“Allowing public officials to shield information from the public’s view merely by using their personal accounts rather than their government-issued ones would be anathema to the purposes of FOIA,” according to the opinion written by Justice Cynthia Cobbs.
The BGA sued in 2017 to obtain records that were improperly withheld by the administration of then-Mayor Rahm Emanuel. Cook County Circuit Court Judge Michael Mullen ruled that the city did not conduct a reasonable search for records because its search did not account for emails or texts on employees’ private accounts. Mayor Lori Lightfoot’s Law Department appealed that ruling.
In 2016, the BGA filed FOIA requests for information on lead testing conducted in Chicago Public Schools after a pilot program found elevated levels in drinking water at a South Side elementary school. The BGA asked for communications among 10 city or schools employees related to “lead and CPS” between April 1, 2016 and June 17, 2016.
The city produced some records, but did not query the named officials about possible communications on private accounts. The city acknowledged that four officials named in the request used their private accounts for public business, but claimed that those communications are not subject to FOIA. The appellate court rejected that argument.
The justices also rejected a city claim that upholding the circuit court ruling would force public bodies to search employees’ private accounts “and potentially their homes and other private locations in response to almost any FOIA request.” The city is simply required to inquire about whether the records exist — an approach that “has been persuasively endorsed by several courts,” the Illinois appellate panel said.
“We were frankly disappointed that Mayor Lightfoot’s administration continued to litigate this case, embracing the anti-transparency argument staked out by her predecessor,” said BGA President David Greising. “This losing battle has been costly to taxpayers and is incompatible with the mayor’s stated commitment to transparency in her administration and access to public records.”
* From the opinion…
We also reiterate that only those communications that pertain to public business are potentially subject to disclosure in the first place. No information concerning the officials’ private lives need be disclosed to defendants’ FOIA officers. Officials can also avoid any personal account disclosure in the future by simply refraining from the use of personal accounts to conduct public business. […]
Finally, defendants raise concerns about the ability of a public body to compel its officials to turn over responsive records contained in their personal accounts. However, there is no indication that the officials in this case will be unwilling to comply with a court order. Additionally, if the officials prove incalcitrant, FOIA provides that the circuit court may help enforce disclosure through its contempt powers. […]
In sum, we hold that the e-mails and text messages sought by the BGA are public records under FOIA because they pertain to public business and share the requisite connection to a public body. This conclusion is entirely consistent with both the letter and purpose of the statute. […]
In sum, we hold that communications pertaining to public business within public officials’ personal text messages and e-mail accounts are public records subject to FOIA. The BGA submitted sufficient evidence to establish a reason to believe that defendants’ officials used their personal accounts to conduct public business. Defendants’ refusal to even inquire whether their officials’ personal accounts contain responsive records was therefore unreasonable under the facts of this case. Accordingly, we affirm the order of the circuit court directing defendants to inquire whether the relevant officials used their personal accounts for public business.
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* Press release…
The Illinois Department of Public Health (IDPH) today announced 1,953 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 21 additional confirmed deaths.
Bond County: 1 female 60s
Cook County: 1 female 30s, 2 males 70s, 2 males 80s
DeKalb County: 1 female 60s
DuPage County: 1 female 50s, 1 male 70s, 1 male 80s, 1 female 90s
Gallatin County: 1 male 70s
Kane County: 1 male 90s
Knox County: 1 male 90s
Lake County: 1 male 90s
Madison County: 1 female 90s
Rock Island County: 1 male 80s
Saline County: 1 female 60s
Union County: 1 male 50s
Will County: 1 male 80s
Williamson County: 1 unknown 60s
Currently, IDPH is reporting a total of 188,424 cases, including 7,594 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 41,686 specimens for a total of 2,937,749. The preliminary seven-day statewide positivity for cases as a percent of total test from July 30 – August 5 is 4.0%. As of last night, 1,517 people in Illinois were reported to be in the hospital with COVID-19. Of those, 346 patients were in the ICU and 132 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
…Adding… Sun-Times…
“In the next two to four weeks, we’re really going to start seeing the effects,” University of Chicago epidemiologist Dr. Emily Landon said. “We just started seeing an increase in patients in the hospital in the last week and a half. Deaths come into the picture a couple of weeks after that.”
That means the worst could be yet to come, as the Illinois Department of Public Health on Tuesday reported the latest 1,471 cases of the disease, marking two straight weeks with four-digit daily caseloads.
Illinois has averaged about 1,500 new cases per day over those two weeks — almost double the daily case average in June — but the 19 latest COVID-19 deaths reported Tuesday are just slightly above the average of 17 deaths per day during that time frame.
It takes some time for deaths to catch up to case trends in either direction. When Illinois’ coronavirus curve hit a valley with just 473 new cases reported June 15, the state still averaged about 42 deaths per day for the following two weeks, including 84 on June 17.
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* Post-Dispatch…
Gov. J.B. Pritzker announced Wednesday that Illinois officials have found more than 120,000 cases of unemployment fraud since March connected to a national identity theft scheme during the coronavirus pandemic.
Pritzker said in a news conference that residents who received an unemployment debit card or letter from the state in the mail, but did not apply for unemployment assistance, are likely victims of the fraud. The state recommends they report identity theft to the Illinois Department of Employment Security at www.illinois.gov/ides or by calling 800-814-0513, Pritzker said.
IDES found 107,000 fraud cases in the federal Pandemic Unemployment Assistance program set up in May, and about 14,000 in the state system, Pritzker said.
The governor laid blame on flaws in the federal program and said states across the country are facing similar cases of fraud.
Pritzker said the federal system resulted in “massive holes for illegal fraudsters to steal federal funds.”
* Sun-Times…
A “poorly designed” national program allowed “highly experienced money launderers” to take advantage of “massive holes” to file more than 120,000 fraudulent claims through Illinois’ beleaguered unemployment benefits system during the coronavirus pandemic. […]
In the scheme, fraudsters have used Illinois residents’ personal information stolen in separate data breaches to apply for benefits to be paid through direct-deposit, debit cards and other financial tools employed by legitimate filers.
“The highly experienced money launderers who have perpetrated these crimes use the same payment methods that regular filers do,” Pritzker said, so the state can’t cut off “common dispersal mechanisms” that are also used by people who really need the help.
Accompanying Pritzker to yesterday’s press conference was Marco Morales, the IDES benefit payment control manager. Chicago reporters did not ask him a single question. Instead, several focused on COVID-19 topics that were covered way back in March and April. It was a weird thing.
* Anyway, back to unemployment…
The number of Americans seeking jobless benefits fell last week, but a staggering 31.3 million people were receiving unemployment checks in mid-July, suggesting the labor market was stalling as the country battles a resurgence in new COVID-19 cases that is threatening a budding economic recovery.
Other data on Thursday showed a 54% surge in job cuts announced by employers in July. The reports followed on the heels of news this week of a sharp step-down in private payrolls in July and continued declines in employment at manufacturing and services industries.
“Repeated shutdowns for virus containment remain a threat to the labor market, which is already weak,” said Rubeela Farooqi, chief U.S. economist at High Frequency Economics in White Plains, New York. “Without effective virus containment the recovery remains at risk from ongoing job losses that could further restrain incomes and spending.”
Initial claims for state unemployment benefits fell 249,000 to a seasonally adjusted 1.186 million for the week ended Aug. 1, the Labor Department said. That was the lowest since mid-March. Claims remain well above the peak of 695,000 during the 2007-2009 Great Recession.
According to the US Department of Labor, 24,712 Illinoisans filed for new unemployment claims last week, down 8,518 from the previous week. Another 4,515 filed for pandemic unemployment assistance, down 1,943 from the previous week.
This is the 20th straight week that more than a million people have filed for new unemployment assistance.
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* News-Gazette…
Illinois’ county sheriffs got a big win Monday in their ongoing battle with Gov. J.B. Pritzker, and they wasted little time in taking advantage of it.
A Logan County judge found that the governor has no authority to bar transfers of sentenced inmates or those on holds for parole violations from local jails to state prisons. The judge’s decision prompted Champaign County Sheriff Dustin Heuerman, among others throughout the state, to take immediate advantage of the order.
“We took 20” to the Department of Corrections’ intake facility at Stateville on Tuesday, Chief Deputy Shannon Barrett said. Another 35 inmates are awaiting transfer, and Barrett said “we’ll get them there as soon as possible.”
“There’s a whole line of (county jail vans containing inmates) there today,” Barrett said.
* Pantagraph…
“Space issues” are continuing at the McLean County jail after the Illinois Department of Corrections turned away at the prison gates 33 inmates scheduled for transfer, Sheriff Jon Sandage said Tuesday. […]
Vans filled with 36 inmates left Bloomington at 5 a.m. Tuesday for Stateville Correctional Center in Crest Hill, but IDOC officials said they could take no more than three.
“We were hoping to get rid of 36, but we only got rid of three,” Sandage told the McLean County Justice Committee Tuesday evening. “They said they ran out of space.”
Judge Jonathan Wright ruled in Logan County Monday that the IDOC must accept inmates within 14 days of a transfer. The sheriff’s association estimated about 2,000 inmates are awaiting transfer to state facilities, including about 44 in McLean County.
* WGLT…
“Our first van left Bloomington at 5 a.m.,” said Sandage. But counties from across the state also were bringing their prisoners. So, by 2 p.m. when McLean County’s five vans reached the gate, the prison staff said it already was full.
Yeah, maybe they need a better system in place. Or the sheriffs could call ahead before just hitting the road.
…Adding… The county where the judge lives…
The Logan County Sheriff’s Office attempted to transfer seven inmates to the state-run Graham Correctional Center in Hillsboro on Wednesday night, but when the transport vehicle arrived at the state prison, two of the seven inmates tested positive for Covid-19.
The Department of Corrections would not accept the inmates who tested positive, which sparked a short standoff between the state and local agencies. The Logan County transport vehicle insisted the inmates be transferred, and refused to leave the parking lot for a period of about two hours after their tests came back positive, two sources said.
A sergeant at the Logan County jail initially declined to comment on the incident when reached by phone on Wednesday night. Moments later, the vehicle left the state prison parking lot and returned to the county jail in Lincoln with all seven inmates still in their custody.
* ACLU…
News reports in Illinois indicate that a number of county sheriffs have begun the process of transferring prisoners held in county jails to the custody of the Illinois Department of Corrections (IDOC). These transfers had been blocked by an order from Governor Pritzker as part of the State’s strategy to curb the spread of COVID-19 in state correctional facilities. After a group of county sheriffs challenged the order, a Logan County Judge ruled against the Governor’s order, and sheriffs quickly began the transfer process before the ruling could be appealed.
The following statement can be attributed to Camille Bennett, Director of the Corrections Reform Project, ACLU of Illinois:
“It is regrettable that some sheriffs appear anxious to resume transfers to IDOC even before the legal process has played out. Elected officials should be mindful of health risks to those being transferred as well as those inside IDOC facilities, including staff and their families.
We know that prisons and jails have been vectors for spread of the coronavirus and moving people in and out – including sheriffs’ personnel managing the transfers – only increases spread of the virus.
The State deserves an opportunity to appeal this ruling before the risk of spread is magnified. Unnecessarily subjecting detainees, staff, and communities to a potentially lethal virus without appropriate public health precautions is needlessly cruel.”
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Morning open thread
Thursday, Aug 6, 2020 - Posted by Rich Miller
* I have some weekday-only things to take care of today, so I’ll see you after lunch. Please keep it civil and Illinois-centric. In other words, no national politics. Thanks.
Keep an eye on the live coverage feed and that way you can also discuss any breaking news, if any. The governor has no public events scheduled today.
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* Press release…
U.S. Rep. Rodney Davis (R-Ill) released the following statement on his positive COVID-19 test:
“This morning, I tested positive for COVID-19. Since the beginning of this pandemic, I have taken my temperature twice daily because serving in Congress means I interact with many people, and it’s my duty to protect the health of those I serve. This morning, my temperature clocked in at 99 degrees Fahrenheit, which is higher than normal for me.
“Because of the high temperature, my wife and I received a test this morning. While my test came back positive, my wife’s test came back negative. My staff who I’ve worked with in-person this week have received negative tests as well. Other than a higher-than-normal temperature, I am showing no symptoms at this time and feel fine.
“Having consulted with the Office of the Attending Physician (OAP) of Congress and local county health officials, our office is contacting constituents I have met with in-person within the previous 48 hours, per CDC guidelines.
“My staff and I take COVID-19 very seriously. My wife is a nurse and a cancer survivor, which puts her in an at-risk category like so many Americans. My office and I have always followed and will continue to follow CDC guidelines, use social distancing, and wear masks or face coverings when social distancing cannot be maintained.
“I will postpone public events our office has planned for the coming days until I receive a negative test. I will continue to serve my constituents virtually from home while I quarantine. Our district offices throughout central and southwestern Illinois remain open for constituents as well.
“During these challenging times, protecting the public health is my highest priority. If you’re out in public, use social distancing, and when you can’t social distance, please wear a mask. All of us must do our part. That’s what it will take to get through this pandemic.”
Get well soon, Rodney.
…Adding… A bit of context…
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Why is HFS still stonewalling?
Wednesday, Aug 5, 2020 - Posted by Rich Miller
* Here are the broad guidelines for the state’s Business Enterprise Program (BEP)…
• At least 51 percent owned and controlled by persons who are minority, women or designated as disabled
• Must be a United States citizen or resident alien
• Annual gross sales of less than $75 million
Rep. Chris Welch, who chairs the House Executive Committee, has been asking the Department of Healthcare and Family Services to provide him BEP spending by Managed Care Organizations. The department has sent him the overall numbers, but Welch wants those numbers broken down by category (race, gender and disabled).
Welch sent HFS Director Theresa Eagleson this polite yet firm letter a couple of days ago asking for more information. He has yet to hear back…
Director Eagleson,
Thank you for your response to my request for information. It was not exactly what I was requesting, but it provided some initial insight into the BEP spending by MCOs. I think we would both agree that while there has been some progress in the last year, compliance is woefully inadequate.
I would like to take this opportunity to commend you and your staff for taking steps to increase compliance with the BEP requirements. Your letter to the MCOs was direct and expressed the necessary urgency. It’s a solid beginning. My goal is to work with you to resolve this issue. Together, we can help develop a new generation of minority entrepreneurs.
I would appreciate some additional information to help me better understand the scope of the problem. In particular, I would like to be provided the following:
1. The BEP spend for each MCO by breakdown of the subgoals in the contract: minority-owned, female-owned, disability
2. All BEP Utilization Plans and letters of intent for each MCO provided to HFS from January 1, 2018 to present. Please also include any waivers that have been granted or any other communication between HFS and the MCOs regarding BEP for same time period.
3. Outreach and Special Initiatives Document (or deck/document in any form) for each MCO from January 1, 2018 to present (includes but not limited to the contracting activity, report on subcontracts, progress towards overall contract goal, outcomes, etc.
4. The MLR calculations, including but not limited to the administrative percentage, for each MCO for FY18, FY19, & FY20. Pursuant to 305 ILCS 5/5-30.1 the MCO MLR info is supposed to be on the website, but I just haven’t been able to find it. Thank you!
5. All quarterly reports to DCMS (or HFS) from the MCOs reporting in on BEP vendor payments for FY18, FY19 & FY20. As you know, I have been frustrated by the lack of timely response to my request for information.
6. The actuarial certification or other documents showing the “administrative allowance” calculation of the capitation. The contracts look like the BEP is only applied to the “administrative allowance”. It would be helpful if you please list both “care management” and “healthcare quality initiatives” amounts separately for each MCO. Please also provide everything that has been excluded from the calculation.
7. You provided the compliance letter HFS sent to BCBS. Can you please provide the corresponding letters you sent to each of the other MCO’s.
As you know, I have been frustrated by the lack of timely response to my request for information. It took 4 weeks just to get the chart your staff provided on Friday. I would hope that this request would be provided in a more timely manner. In the interest of time, please provide these documents as you get them, rather than waiting for the full package to send at one time
As evidenced by your letter to the MCOs, you feel as strongly about this issue as many of us in the Black Caucus. I am anxious to work with you to achieve our mutual goals by bringing the MCO’s into full compliance.
Sincerely,
Emanuel Chris Welch
State Representative - 7th District
Gov. Pritzker has repeatedly said he wants to help create wealth in Black and Brown communities. The BEP program is one way the state can do that, but we have no way of measuring its effectiveness unless and until state agencies start releasing this information. And it cannot be successful if agencies like HFS don’t start enforcing the contracts and clawing back the money which isn’t spent through BEP participants, which apparently isn’t being done.
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* The governor was asked today whether a COVID-19 vaccine (if/when it is developed) would be mandatory for students who want to return to school…
No, I can’t imagine that. What I do think is that once a vaccine is available, I think many, many people will want to get vaccinated. We obviously want to get to herd immunity. We have for example with the measles vaccine just to give you an idea about, I think 95% coverage in the state of Illinois, people actually getting the measles vaccine measles vaccine or at least above 90, actually I think we’re at 98.
Um, vaccines are already mandatory for public school attendance. Why wouldn’t this one be?
…Adding… It has been pointed out that there’s no vaccine testing being done on children and the approval process for kids could take longer. Still.
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Question of the day
Wednesday, Aug 5, 2020 - Posted by Rich Miller
* Mary Schmich…
Every mask tells a story. What’s yours?
Obviously, this question presumes that you have a mask and use it, in which case, you’re not the prime target for the new Illinois ad campaign that comes with the slogan “It Only Works if You Wear It.” The $5 million campaign, which the governor announced Monday, is aimed at the mask resisters, the legions whose behavior is one reason a killer virus continues to stalk the land.
But if you do wear a mask when you should — generally indoors in public spaces, outdoors when you can’t keep proper social distance — you probably have a story, and that story makes the mask easier to wear. You can recount where you got it, when and why, maybe who made it.
“What’s the story of your mask?” I often ask people. It’s a good conversation starter, and I always learn something about the person that goes beyond the mask, often something about their relatives, friends, passions.
* The Question: Do you have a story about your mask(s)?
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* As we discussed yesterday, CPS has decided to start the school year with remote learning. Catholic schools in the city, however, are taking a much different approach…
August 5, 2020
Dear Catholic School Parents and Guardians,
This morning, Chicago Public Schools (CPS) announced a change in their planned reopening of school buildings. They have chosen to conduct classes via full-time remote learning for the first 10 weeks of the fall.
The Archdiocese of Chicago believes strongly that our reopening plan, which provides for full-time in-person learning, is in the best interests of children and our mission. In-person learning is essential for the intellectual, emotional, physical and spiritual growth of our students. Our reopening plan maximizes the safety of our students and employees while allowing the resumption of in-person learning. It is therefore our intention to remain committed to our plan to offer five-day, in-person learning in addition to a remote, e-learning, option for those students who are unable or whose parents are unwilling to return to classrooms.
In designing our reopening plan, we consulted guidance from the Centers for Disease Control and Prevention as well as input on safely reopening and important mitigation efforts from the Chicago Department of Public Health (CDPH), state health officials and infectious disease experts on our own task force. CDPH has recognized that our school system is different from CPS and supports our specific plan to reopen. If this guidance were to change, we would adjust our plan accordingly.
In the meantime, schools are working hard to implement health and safety requirements ahead of the start of the year. Schools are also preparing a virtual learning option with support from the Archdiocese. More information about virtual learning will be released to parents in the days ahead.
I realize this is a time of anxiety and stress. Know that we deeply care about the needs of our child and are looking forward to the year to come. If you have questions, I encourage you to contact your school’s principal or the Archdiocese at ReopenSchools@archchicago.org.
Thank you for your partnership and trust.
Yours in Christ,
Jim Rigg, Ph.D.
Superintendent of Catholic Schools
Archdiocese of Chicago
* In related news…
Illinois Federation of Teachers President Dan Montgomery released the following statement on Chicago Public Schools’ decision to start the 2020-2021 school year remotely:
“We applaud the Chicago Teachers Union for their continued dedication to students, teachers, and the community. Their commitment to equity and justice prevented Chicago schools from becoming COVID-19 hot spots.
“COVID-19 lifted the veil on the disparities that exist among our students and families, especially our Black and Brown students, who have been disproportionately impacted by the virus. The decision to start the 2020 school year remotely presents many challenges, but it is the safest path for our students, teachers, and staff as COVID-19 cases are surging in Chicago. This moment requires stability and equity for our families and children, so we call on the Chicago Public Schools to provide wide broadband access and devices. We acknowledge that remote learning will create logistical and financial challenges for thousands of Chicago parents. For this reason, we continue to ask that all educational institutions work to identify the families that need childcare and work to provide opportunities with local partners and organizations in helping fill gaps during the instructional day.
“We call on Illinois school districts to follow Chicago’s lead and base their decision on science. In the current environment, the safest option for students and staff is to start school remotely.”
* Also from the IFT…
Hundreds of faculty, staff, and students from 42 Illinois institutions logged on to Zoom last night to participate in a virtual town hall hosted by a coalition of higher education unions statewide. The hour-and-a-half conversation included a presentation and commentary by a panel of expert scientists followed by a Q&A session.
John Miller, President of the University Professionals of Illinois, IFT Local 4100, and an organizer of the event was sympathetic but frank: “The desire to return to normal should not take the place of science.” Columbia Faculty Association President and event organizer Diana Vallera introduced the purpose of the event: “To ensure faculty, staff, students, and parents have the scientific information needed… so that we can all make informed decisions when it comes to safety.” Vallera also had good news to share on Columbia College specifically: after major collective action on the part of the CFAC union, college administration announced new safety measures and the movement of more classes to an online setting. “This is a start,” said Vallera.
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A sea of red ink
Wednesday, Aug 5, 2020 - Posted by Rich Miller
* Peter Hancock at Capitol News Illinois…
Illinois Comptroller Susana Mendoza is adding her voice to those warning that the state will face dire consequences if the federal government does not approve an economic aid package for state and local governments. […]
Mendoza, a Democrat who has served as comptroller since December 2016, noted that the state began the fiscal year on July 1 with a backlog of past-due bills totaling nearly $5.4 billion. But that was only because the state borrowed $1.2 billion from the Federal Reserve’s Municipal Liquidity Facility – money that has to be paid back in its entirety, with 3.52-percent interest, during the current fiscal year that ends June 30, 2021.
She also noted that the state has borrowed another $400 million from the state treasurer’s office and the state’s general revenue fund still owes about $763 million that it borrowed from other funds in previous years, which has to be repaid in installments through 2024.
She said the total amount due in the current fiscal year between borrowing from the Fed, the treasurer’s office and interfund borrowing is $1.63 billion.
* House GOP Leader Jim Durkin spoke at an online Paul Simon Public Policy Institute event yesterday…
Durkin faulted Pritzker and majority Democrats for pushing ahead on a new state budget that relies on $5 billion in borrowing from the Federal Reserve while lacking significant spending cuts to reflect the economy’s decline due to the pandemic.
“We should not have spent at that level the governor asked for, plain and simple. You don’t ask for more spending when you are in an economic downturn, and that is my biggest fault with the governor and how he’s handled the economics of the state during this crisis,” he said.
“I’m not sure how we’re going to repay that $5 billion that was taken out unless the feds come back and bail us out on that, but I don’t expect that anytime soon,” Durkin said, reflecting deadlocked talks between congressional Democrats and Republicans on a new coronavirus relief package.
Borrowing that money was a gigantic risk on the governor’s part. No doubt about it. But economic downturns are precisely when government spending is so important. We found that out the hard way during the Great Recession when inadequate federal aid to states and cities made the economic problems worse.
So, hopefully the leader has called his congressional allies and asked them to help out his state. Maybe the governor could pick up the phone and ask him.
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* Press release…
The Illinois Department of Public Health (IDPH) today announced 1,759 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 30 additional confirmed deaths.
Carroll County: 1 male 80s
Clark County: 1 male 60s
Coles County: 1 female 80s
Cook County: 1 male 40s, 3 males 60s, 2 males 70s, 1 female 80s, 1 female 90s
DuPage County: 2 females 80s
Gallatin County: 1 male 70s
Jefferson County: 1 female 70s, 1 female 80s
Kane County: 1 male 50s, 1 female 70s, 1 male 80s
Lake County; 1 female 40s, 1 male 70s, 1 male 80s
LaSalle County 1 male 90s
Rock Island County: 1 female 80s
St. Clair County: 1 female 40s, 1 male 50s, 1 female 90s
Union County: 1 female 70s
Will County: 1 male 50s
Winnebago County: 1 male 90s
Currently, IDPH is reporting a total of 186,471 cases, including 7,573 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 46,668 specimens for a total of 2,896,063. The preliminary seven-day statewide positivity for cases as a percent of total test from July 29 – August 4 is 3.9%. As of last night, 1,552 people in Illinois were reported to be in the hospital with COVID-19. Of those, 368 patients were in the ICU and 129 patients with COVID-19 were on ventilators.
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* The governor filed the motion to consolidate the cases…
This cause coming to be heard on the motion of movant, Jay Robert Pritzker, due notice having been given, and the Court being fully advised in the premises;
IT IS ORDERED that the motion to transfer and consolidate pursuant to Supreme Court Rule 384 is allowed.
Pursuant to Supreme Court Rule 384, Kirk Allen et al. v. Governor Jay Robert Pritzker, etc., Edgar County No. 20 MR 45, Thomas DeVore v. Governor Jay Robert Pritzker, etc., Bond County No. 20 MR 32, Steve Gorazd et al. v. Governor Jay Robert Pritzker, etc., Clinton County No. 20 MR 79, and Daniel English v. Governor Jay Robert Pritzker, etc., Richland County No. 20 MR 48, are transferred to the Circuit Court of Sangamon County and consolidated with Riley Craig et al. v. Governor Jay Robert Pritzker, etc., Sangamon County No. 20 MR 589.
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ComEd pleads not guilty
Wednesday, Aug 5, 2020 - Posted by Rich Miller
* Megan Crepeau and Jason Meisner at the Tribune…
ComEd pleaded not guilty to an expansive federal bribery charge Wednesday during what will likely be its final court hearing until 2023.
The plea was a formality, since the company has entered an agreement to defer prosecution. ComEd will pay a record $200 million fine and cooperate in the ongoing probe of its lobbying practices in Springfield in exchange for the charges being dropped at the end of the agreement period.
* More…
…Adding… Steve Daniels at Crain’s…
Exelon CEO Chris Crane said [yesterday] the company will decide early next year whether to close nuclear plants in Illinois, even as he acknowledged the company’s standing in Springfield had been damaged by the revelations of corruption at its Commonwealth Edison unit.
Crane in his comments during the quarterly earnings call with analysts attempted to walk a line between contrition for ComEd’s recent acknowledgements of paying off close associates and lieutenants of House Speaker Michael Madigan and the pressure tactics he’s used before to win state support for subsidies.
“We will not run plants and lose free cash flow or earnings on assets that are not supporting themselves,” Crane said.
“It’s reality,” he added. “We’ve shut two units down in recent years if we could not see a path to sustainability of those assets in the portfolio. Not the greatest decisions we’ve ever had to make, and we understand the impact of that on communities we serve and the environmental goals and economic impact of the states. But maintaining an investment grade (rating) that can support the remaining facilities is our main focus.”
Good luck with that, dude.
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* June…
A group of landlords have accused Illinois Gov. JB Pritzker of overstepping his authority by extending his hold on evictions statewide amid the COVID-19 pandemic. The landlords say Pritzker has illegally interfered with their private contracts, unconstitutionally seized their property, and forced them to subsidize housing for tenants – including some who simply have refused to pay. […]
In short, the landlords said, the public health emergency that was used to justify the eviction moratorium no longer exists, or at least has abated to the point that the moratorium should now be considered illegal.
In addition, the plaintiffs claimed the evictions moratorium exceeded the governor’s authority.
* Circuit Judge John Anderson has ruled against the plaintiffs. The copy I have doesn’t allow for copy and paste, so I’ll summarize.
Judge Anderson noted that five federal judges and “virtually every” Illinois state court judge have upheld the governor’s authority to issue the executive orders. Just one judge, in Clay County, has ruled against the governor.
Anderson then went on to write that the Clay County judge’s rulings are “bereft of any meaningful legal analysis, and are wholly unpersuasive for that reason.” He also pointed out that the Clay County judge’s rulings, “like other trial court rulings,” aren’t binding on his court.
Heh.
The judge then went on to explain why he felt the other rulings by judges outside Clay County were persuasive and rejected the plaintiffs’ motion for a temporary injunction on all but one count, which he said didn’t look like a strong argument. It’s worth a read.
* Now, on to Clay County…
Illinois Governor JB Pritzker is now facing an Indirect Civil Contempt Motion in the Darren Bailey lawsuit to include a request he be placed in custody in the county jail.
The motion is based on the fact the Governor has ignored the Court’s prior orders and continues to issue Executive Orders as it relates to COVID-19.
The motion requests that Pritzker “be placed in temporary custody within the Clay County Jail until he purges himself by rescinding the above-mentioned executive orders.”
*** UPDATE *** The governor was asked about the Clay County filing today…
All I can say is the rulings out of Clay County have been ridiculous. There’s no other court that has ruled as they have on the matter that they ruled on. And in fact there’s a judge on Friday who specifically pointed to Clay County and said that the decision by that judge was bereft of any legal analysis. And I think that’s accurate.
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* I checked and the amount of unclaimed property returned by the treasurer’s office during the previous five years was $700 million. So, this is a significant increase…
A record-shattering $1 billion in unclaimed property has been returned to Illinoisans and their families in the past five years, Illinois State Treasurer Michael Frerichs said today.
It is the most that has been returned in any five-year period in the program’s 58-year history.
“Government needs to work smarter. The numbers show our improvements to the unclaimed property program created a faster, better, and more efficient service,” Frerichs said.
Unclaimed property refers to property or accounts within financial institutions or companies in which there typically has been no activity for several years. In Illinois, the state treasurer is tasked with safeguarding unclaimed property, such as unpaid life insurance benefits, forgotten bank accounts and unused rebate cards. The state treasurer is legally required to return the property to the rightful owners no matter how long it takes.
Frerichs inherited a cumbersome, paper-driven system upon becoming treasurer in 2015. The $1 billion milestone was possible because Frerichs prioritized changes in technology, efficiency and state law to streamline the unclaimed property process, which also is known as I Cash. Key to these enhancements was securing bi-partisan support to change state law. This included enacting Money Match, which allows the automatic processing of one-owner claims of up to $2,000 when records confirm the claimant’s identity and connection to the property.
“While $1 billion is a significant achievement that only could be obtained by working collaboratively with our staff and state lawmakers, it is the stories behind the unclaimed property that I find most memorable,” Frerichs said.
• A Chicago-area woman adopted two children after their family perished in an auto accident. Years later, the state treasurer’s office obtained more than one hundred thousand dollars for the woman after auditors discovered an unpaid life insurance policy.
• A Chicago man, World War II Army veteran and life-long bachelor left nearly $2 million to several Chicago-area philanthropies. These monies were from an investment account that languished because the decorated soldier’s surviving family members passed away before he did.
• The Carver Community Center in Peoria received $19,000 from The (Richard) Pryor Foundation. The legendary comic is a Peoria native who spent time at the Carver Center as a youth.
• Orphans of the Storm animal shelter in Riverwoods received $19,000, nearly all of it from the life insurance policy of a Rolling Meadows woman who worked as a secretary at Ford Motor Company.
• Monument of Faith Evangelistic Church in Chicago received $38,000 from a church member’s life insurance policy.
An estimated one-in-four people in Illinois have unclaimed property. Currently, there is more than $3.5 billion in the unclaimed property fund. Individuals can search the state treasurer’s database for their name or the name of their business or non profit atwww.illinoistreasurer.gov/ICASH. Because unclaimed property is surrendered to the treasurer’s office twice each year, it is recommended individuals check the database twice each year; for example, on a birthday and six months later.
The guy takes this program seriously.
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Unclear on the concept
Wednesday, Aug 5, 2020 - Posted by Rich Miller
* The Southern…
According to IDES, the scam involves filing unemployment claims using false identities and then attempting to have the payment method switched from the debit cards that people receive when they qualify for benefits to a direct deposit account to which scammers have access.
On July 6, the FBI reported that, “U.S. citizens from several states have been victimized by criminal actors impersonating the victims and using the victims’ stolen identities to submit fraudulent unemployment insurance claims online.” Illinois Attorney General Kwame Raoul and U.S. Rep. Mike Bost are among those who have received prepaid debit cards issued by KeyBank who didn’t apply for unemployment benefits. […]
[Rep. Terri Bryant, R-Murphysboro] said she asks herself if the fraud cases are actually spread throughout all 50 states or if they are in states where Deloitte holds the contract for the unemployment assistance tools. “I cannot get that question answered,” she said.
Well, maybe if you’d stop asking yourself and ask the Google or something you’d get an answer, Representative.
This has nothing to do with the state website or system contractor. The contractor isn’t being hacked. The victims’ identities were already stolen and those identities are then used to apply for unemployment benefits. She’s putting the cart before the horse here.
* From the FBI…
The FBI has seen a spike in fraudulent unemployment insurance claims complaints related to the ongoing COVID-19 pandemic involving the use of stolen personally identifiable information (PII).
U.S. citizens from several states have been victimized by criminal actors impersonating the victims and using the victims’ stolen identities to submit fraudulent unemployment insurance claims online. The criminals obtain the stolen identity using a variety of techniques, including the online purchase of stolen PII, previous data breaches, computer intrusions, cold-calling victims while using impersonation scams, email phishing schemes, physical theft of data from individuals or third parties, and from public websites and social media accounts, among other methods. Criminal actors will use third parties or persuade individuals who are victims of other scams or frauds to transfer fraudulent funds to accounts controlled by criminals.
Many victims of identity theft related to unemployment insurance claims do not know they have been targeted until they try to file a claim for unemployment insurance benefits, receive a notification from the state unemployment insurance agency, receive an IRS Form 1099-G showing the benefits collected from unemployment insurance, or get notified by their employer that a claim has been filed while the victim is still employed.
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* Harvard Magazine…
“At the moment, the United States has no semblance of public-health testing” for the coronavirus, says Michael Mina, an assistant professor of epidemiology at both Harvard Medical School and the Harvard T.H. Chan School of Public Health. What does Mina—an expert in viral testing protocols—mean by that?
Current tests for active infection with SARS-CoV-2 are highly sensitive—but most are given to suspected COVID-19 patients long after the infected person has stopped transmitting the virus to others. That means the results are virtually useless for public-health efforts to contain the raging pandemic. These PCR (polymerase chain reaction) tests, which amplify viral RNA to detectable levels, are used by physicians, often in hospital settings, to help guide clinical care for individual patients. In general, members of the public have not had access to such tests outside clinical settings, but even if they did, would find them too expensive for frequent use.
Furthermore, such tests detect tiny fragments of viral RNA even after the patient has recovered. Mina says that means “the vast majority of PCR positive tests we currently collect in this country are actually finding people long after they have ceased to be infectious.” In that sense, a positive result can be misleading, because the results can’t be relied on to guide the epidemiological efforts of public-health officials, which are focused on preventing transmission and controlling outbreaks: “The astounding realization is that all we’re doing with all of this testing is clogging up the testing infrastructure,” with results arriving a week or more after tests are administered, “and essentially finding people for whom we can’t even act because they are done transmitting.” In fact the testing backlog is so dire, and so “absolutely horrendously useless as a system for public-health surveillance,” that Mina believes the United States should at the very least throw away the millions and millions of samples that are waiting to be tested—and perhaps even halt the current testing regime and just start over.
“We need to change the whole script of what it means to test people,” he says. “In our country, we have always assumed that testing belongs in the clinical sphere, in the diagnostic sphere, and has to be run by laboratories or diagnosticians. The result is that we have a system for coronavirus testing…which is flailing, with raging outbreaks occurring.” What the country needs instead are rapid tests, widely deployed, so that infectious individuals can be readily self-identified and isolated, breaking the chain of transmission.
To do that, Mina says, everyone must be tested, every couple of days, with $1, paper-based, at-home tests that are as easy to distribute and use as a pregnancy test: wake up in the morning, add saliva or nasal mucous to a tube of chemicals, wait 15 minutes, then dip a paper strip in the tube, and read the results. Such tests are feasible—a tiny company called E25Bio, and another called Sherlock Biosciences (a start-up spun out of Harvard’s Wyss Institute for Biologically Inspired Engineering and the Broad Institute in 2019) can deliver such tests—but they have not made it to the marketplace because their sensitivity is being compared to that of PCR tests.
Mina says that is beside the point. “Imagine you are a fire department,” he says, “and you want to make sure that you catch all the fires that are burning so you can put them out. You don’t want a test that’s going to detect every time somebody lights a match in their house—that would be crazy: you’d be driving everywhere and having absolutely no effect. You want a test that can detect every time somebody is walking the streets with a flame-thrower.”
Go read the rest.
* Meanwhile…
Most classes at Illinois State University will be online-only when the fall semester begins later this month, officials announced Tuesday.
President Larry Dietz said in an email to students and faculty that the university learned late last week it would not receive some testing equipment and supplies that were expected before classes started. The U.S. Department of Health and Human Services “reallocated” the equipment and supplies to other agencies, he said. HHS did not immediately respond to a request for comment Tuesday.
Yeah, that federal government. Always doing the right thing by the people. Yep.
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Cairo finally gets its due
Wednesday, Aug 5, 2020 - Posted by Rich Miller
* WPSD…
Illinois Gov. J.B. Pritzker made several stops in southern Illinois on Tuesday. One of those stops was in Cairo, where the governor announced the state will provide $40 million through the Rebuild Illinois capital plan for a port at the confluence of the Mississippi and Ohio Rivers.
Cairo has been working on the port development for eight years. Now, the community is one step closer to making the project a reality. The port project is expected to create at least 500 jobs and bring in more than $100 million in economic activity.
The development will be one of the largest investments in southern Illinois in decades. Leaders hope the project will make Cairo a national hub for the shipping industry.
“This port project has the potential to represent the very best of our state’s future. This is more than just a port. It’s fuel for new jobs and economic prosperity all across the region. A region that’s been left out and left behind for far too long,” said Pritzker.
* The Southern…
Pritzker and State Sen. Dale Fowler, R-Harrisburg, said there were real dollars coming with Tuesdays announcement. Fowler remarked that the port project is a real line item in the state’s recently-passed capitol bill, which allots funds for various development and improvement projects throughout the state.
Immediately, the state will give $4 million in grants for the project, but a total of $40 million has been allocated to fund the design and development of a river port that has been in the works for nearly a decade. This is about $35 million short of the $75 million that was hoped for, but, as previously reported by The Southern, the rest will be leveraged by private investors. […]
[Pritzker] added that 80% of the country’s river traffic passes by Cairo every day, making it an ideal shipping and transportation hub.
Fowler, since being elected to his seat in 2016, has taken Cairo’s revitalization as a personal project. He has said on more than one occasion, Tuesday included, that the port will be a shot in the arm not just to the city but for the region. A total of 500 direct jobs will be generated when the project is complete, Fowler and Pritzker said Tuesday.
Sen. Fowler deserves so much credit for pushing this project forward. While the concept predates his legislative service, he’s turning it into a reality. He’s a throwback to a time when southern Illinois politicians worked hard to bring things back to their districts. And Cairo isn’t exactly Republican turf. Good for him.
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