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WAITING LIST LAWSUIT FILED IN ILLINOIS!
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A major class action lawsuit was filed "on the behalf of hundreds and hundreds of mentally retarded and developmentally disabled persons who are eligible to receive Medicaid services, but who have not received such services."
The lawsuit was filed by attorney Robert Farley naming Governor Ryan, Public Aid Director Ann Patla, Dept. of Human Services Secretary Linda Renee Baker and Assoc. Director of the Office of Developmental Disabilities Melissa Wright as Defendants in this class action.
The Plaintiffs are five individuals who are eligible for Medicaid services and have been seeking waiver services from a specific provider of waiver services. The suit calls for a plaintiff class of "all developmentally disabled or mentally retarded individuals in the State of Illinois who are not receiving or have not received Medicaid services for which they are
eligible."
The lawsuit sites the failure of providing Medicaid services to the Plaintiffs with "reasonable promptness" (90 days), "freedom of choice," "due
process violations," and "services in the most integrated setting," among other sitings.
The lawsuit claims violations of the Medicaid Act, the Americans with Disabilities Act, the Rehabilitation Act and federal constitutional rights to Due Process and Equal Protection.
The suit calls upon the Court to "issue preliminary and permanent injunctive relief requiring the Defendants, their successors in office, agents, employees, and all persons acting in concert with them, to offer the Plaintiffs the full range of ICF/MR services or home and community-based waiver services and other services for which they are eligible within 90 days or some other specifically- defined, reasonably prompt period."
The suit also states that "the State has created additional barriers to prevent or discourage potentially eligible persons from seeking Medicaid services...requiring the individual seeking services preliminary request....the local Pre- Admission Screening Agency is not supposed to do a full assessment as to whether the person is Medicaid eligible." Also, the State of Illinois does not have a comprehensive, effectively working plan or a waiting list for placing qualified persons in less restrictive settings.
The class action was filed in the United States District Court for the Northern District of Illinois Eastern Division, case number 00 C 5392 and is assigned to Judge Grady.
A copy of the entire class action is available to members of The Arc by calling 708/206-1930 and asking for "Class Action Lawsuit."
COMMENT
The Arc believes that individuals with mental retardation and other developmental disabilities who are eligible for Medicaid are entitled to
waiver services. That is what this lawsuit is all about.
For too long, the State has deflected individuals and families from determining their eligibility for Medicaid. Families and individuals need to know that they are entitled to community services if they are Medicaid
eligible. Medicaid eligibility is determined by a Level II Medicaid Waiver Assessment, and this assessment is done by the Pre- Admission Screening agency serving your geographic area. Entitlement depends upon Medicaid eligibility. Make sure your families know this important information, and that they could become a member of this class action lawsuit entitling them
to waiver services.
I have said that people can be determined as waiting for waiver services even if they are receiving community services. For example, a person may be getting day training but is waiting for CILA. Individuals must make their choices known officially and in writing with the Pre-Admission Screening agency in their area. If they are Medicaid eligible, those individuals may
also be eligible for membership in this class action lawsuit.
Individuals you know/serve may be class members in this lawsuit if they are Medicaid eligible and have made known their "choice" for home and community based waiver services. Families need to know their rights. You need to share that information with them.
Steven M. Eidelman
Executive Director
The Arc of the United States
1010 Wayne Avenue, Suite 650
Silver Spring MD 20910
301-565-3842
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