Class Action Suit Filed to Prevent Forced Hospitalization of Illinois Children who are Medically Fragile and Technology Dependent
Current status of the lawsuit: Due to a fourth extension and a (yet unfulfilled) promise that the IL state legislature would "fix" the program, the case has been continued. Both parties will return to court in June.
|Current status of the lawsuit: Due to a fourth extension and a (yet unfulfilled) promise that the IL state legislature would "fix" the program, the case has been continued. Both parties will return to court in June.|
On July 9, 2012, the legal team of Robert H. Farley, Jr., Mary Denise Cahill, Alysha Briggs-Miller and Michelle N. Schneiderheinze filed a Federal Class Action Lawsuit against the State of Illinois on behalf of approximately 1000 medically fragile children, including all children in the MFTD Waiver, to prevent elimination or reduction of home nursing care provided by Medicaid. It accuses Illinois of violating the Americans with Disabilities Act, the Rehabilitation Act, and the Medicaid Act, and seeks to overturn changes to the Medically Fragile Technology Dependent (MFTD) Waiver, which could cause children who use medical technology such as ventilators from being forced into hospitals due to the reduction or elimination of their home nursing care. The case is known as Boyce vs. Hamos.
The lawsuit addresses three changes to the program:
- a change to a "nursing facility" level of care for the program
- the imposition of exorbitant copays for nursing care
- the addition of an income cap
These changes have the potential to reduce or eliminate home nursing care for these children, forcing them to be hospitalized permanently at three times the cost to the state.
For detailed coverage on the lawsuit, please see this article in the Chicago Tribune, Parents of Medically Fragile Children Sue Illinois for In-Home Nursing Care.
The following documents related to the lawsuit are available:
- Motion for Class Action
- Memo of Law for Class Action
- Motion for Injunction
- Memo of Law for Injunction
- Exhibits 1-5: Documents from Healthcare and Family Services
- Exhibits 6-9: Documents from Healthcare and Family Services
- Exhibits 31-34: Sample Cost Neutrality Statements that demonstrate care for these children is much less expensive at home and that they would need to be hospitalized without this program.
- See right hand column for additional documents