Fw: Arc and Class Action Lawsuit on Behalf of Medically Fragile Young Adults

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More on the lawsuit.

Ellen

Ellen Garber Bronfeld

egskb@...

Arc and Class Action Lawsuit on Behalf of Medically Fragile Young

Adults

The Arc of Illinois

November 23, 2010

Leaders in The Arc:

Yesterday, Judge Hibbler granted class action status to young adults who age out

of the Medically Fragile/Technology Dependent Waiver. The lawsuit was filed by

Attorney Bob Farley, who was a recent speaker at the Illinois Conference of

Executives of The Arc.

This lawsuit is a longtime in coming. The Arc has many times introduced

legislation which would allow medical services to continue for these young

adults after they reach the age of 21. Citing excessive expense, past

administrations, have been totally opposed to that legislation. This argument

has never made any sense to me because the medical conditions of these young

adults do not change magically at the age of 21! So, I guess court intervention

is how we get things done in Illinois! Add Hampe V Hamos to the growing list of

lawsuits.

Read more below. I have also attached a copy the lawsuit.

Tony auski

The Arc of Illinois

815-464-1832

Judge Grants Class Action for Medically Fragile Persons

Attorney H. Farley, Jr., of Naperville, with the support of the United

States Department of Justice has secured a major court ruling in the litigation

against the State of Illinois for its policy of severely reducing funding for

medically fragile young adults when they turn 21 years of age. On November 22,

2010, United States District Court Judge J. Hibbler in Hampe v. Hamos,

Case No. 10-3121, ruled that this lawsuit can proceed against the State of

Illinois as a class action.

The disabled persons in this case are medically fragile persons who receive

funding from the State of Illinois under its Medically Fragile/Technology

Dependent (MF/TD) Program. The State restricts enrollment in this program to

persons under the age of 21, and when they age out of the program they

transition into a different program that provides substantially less funding.

Without the continued funding in the Medically Fragile program, the Plaintiffs

will have to be institutionalized or hospitalized to provide for their medical

needs.

Judge Hibbler stated:

The [states] conduct toward the entire proposed class is identical

individuals age-out of the MF/TD Program regardless of their medical needs

and instead based solely on their age. Moreover, Defendant has refused to

modify

this policy and practice despite the fact that other individual plaintiffs have

successfully challenged the policy in five separate lawsuits.

Judge Hibbler ruled that this class action includes All persons who are enrolled

or will be enrolled or were enrolled in the State of Illinois Medically Fragile,

Technology Dependent

Medicaid Waiver Program (MF/TD and when they obtain the age of 21 years are

subjected to

reduce Medicaid funding which reduces the medical level of care which they had

been receiving prior to obtaining 21 years.

Attorney H. Farley, Jr. and the Plaintiff Class thank the United States

Department of Justice for its support in this litigation against the State of

Illinois. If any disabled person has been denied sufficient or adequate

funding due to their disability, then please contact Attorney H. Farley,

Jr. at 630-369-0103.

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