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Boyce vs. Hamos

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 accused Illinois of violating the Americans with Disabilities Act, the Rehabilitation Act, and the Medicaid Act, and sought 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 was known as Boyce vs. Hamos. The lawsuit addressed 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 

The case was withdrawn after the state eliminated the income cap and committed to providing "hospital level of care" services.

The following documents related to the lawsuit are available: 

• Complaint
• 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.
• Defense Motion to Dismiss
• Plaintiff Response to Motion to Dismiss
• Defense Reply to Motion to Dismiss
• Order Denying Motion to Dismiss
• State Response to Motion for a Temporary Restraining Order
• State Motion for an Extension
• State Response to Class Certification
• Plaintiff Reply to Defense Response on Class Certification

Hampe vs. Hamos

Hampe is a Class Action Lawsuit that addresses children who age out of the MFTD Waiver and enter adult programs. Upon turning 21, young adults were reclassified as having a "nursing facility" level of care instead of a hospital level of care, and were thereby restricted to about $9400/month in nursing care, which is the cost of care in a nursing facility.  Most young adults otherwise received about a 50% reduction in nursing services and hours. Hampe was recently settled. More information on this case and transition for young adults can be found on our MFTD Families website.