Fw: Arc and Ligas Settlement Mailed ot Class Members

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Nice to hear some good news, once in a while!

Ellen

Ellen Garber Bronfeld

egskb@...

Arc and Ligas Settlement Mailed ot Class Members

The Arc of Illinois

February 21, 2011

Leaders in The Arc:

This may be the only opportunity to move people off the waiting list and out of

ICFDDs.

People on the waiting list should contact Equip for Equility to become class

members of the Ligas settlement.

Please share the Ligas settlement with other advocates.

Tony auski

The Arc of Illinois

815-464-1832

Illinois mailing 15,000 letters to notify disabled of lawsuit settlement

The Associated Press

Illinois is mailing approximately 15,000 letters to adults with developmental

disabilities to inform them of a settlement in a class action lawsuit and a June

court hearing on that settlement.

The hearing is scheduled June 15 in Chicago. A federal judge has given

preliminary approval to the settlement and will hear comments during the

hearing.

The letter spells out how people can become members of the class under the

lawsuit. Illinois is required to send the letters by March 4.

The agreement would give more housing choices to 6,000 adults who receive state

aid and live in privately operated care facilities. Illinois' Medicaid program

also would be required to offer services to an additional 3,000 adults living at

home with aging parents or other family members.

Online: http://www.dhs.state.il.us/page.aspx?item40989

2007 Belleville News-Democrat and wire service sources. .

Ligas Consent Decree-Overview

http://www.dhs.state.il.us/page.aspx?item=40989

On January 20, 2011, a revised Consent Decree (pdf):

http://www.dhs.state.il.us/OneNetLibrary/4/documents/Ligas/LigasProposedConsentD\

ecree012011.pdf

and orders were entered by the Court in the Ligas lawsuit. We are now awaiting

further Court action, including a fairness hearing for potential class members

and other interested parties. The Division of Developmental Disabilities

recognizes that there will be many questions regarding the consent decree and

that the Division will need to rely upon the cooperation of all stakeholders in

planning for and implementing the systemic changes reflected in this decree, if

approved by the Court.

A Notice of Proposed Class Action Settlement and Hearing (pdf),

http://www.dhs.state.il.us/OneNetLibrary/4/documents/Ligas/LigasFinalNotice02152\

011.pdf

approved by the Court, is being mailed to potential class members and other

interested parties. In addition, a Public Notice (pdf),

http://www.dhs.state.il.us/OneNetLibrary/4/documents/Ligas/publicationnotice0215\

2011.pdf

also approved by the Court, will appear in selected media outlets around the

State.

This overview provides initial information regarding the revised Consent Decree.

Please see the full document for complete language and specific definitions.

The Consent Decree identifies two groups of class members:

1. Adult individuals in Illinois with developmental disabilities who qualify

for Medicaid Waiver services, who reside in private ICFs/DD with nine or more

residents and who affirmatively requested to receive community-based services.

2. Adult individuals in Illinois with developmental disabilities who qualify

for Medicaid Waiver services, who reside in a family home or are in need of

community-based services or settings, and who affirmatively requested to receive

community-based services.

The Decree does not force individuals who do not want community-based services

to move. Nor does it force providers to close beds or enter into downsizing

agreements with the State against their will. The Division's current voluntary

downsizing program remains in place.

The tenets of the Decree will assist the Division in expanding its

community-based system to meet the growing demand for those services, while

continuing to honor an individual's choice in deciding on the types of services

and settings he or she prefers in order to live a personally fulfilling and

productive life. The Decree includes the following items:

1. Services for Individuals Currently Residing in ICFs/DD

Within six years of approval of the Decree, all individuals living in ICFs/DD as

of the effective date of the Decree, who have affirmatively requested community

services will move to community-based services. Services must be implemented for

one-third of all such individuals every two years of this six-year period.

2. Services for Individuals Currently Residing at Home

The State will continue to expeditiously serve all people who meet the

established crisis criteria. There will be no limit to the number of people who

meet the crisis criteria served by the Division.

For those individuals on the waiting list, as defined in the Decree, the State

agrees to serve 3,000 of these individuals over the next six years (1,000 within

the first two years and 500 each year the next four years) in home-based support

services and community-based residential settings.

3. Other General Provisions

Evaluations and service plans will be focused on individual desires and

goals and will not be limited by existing services. The State, however, will not

be required to develop or offer services that are not part of the approved

waiver or Medicaid State Plan.

The Department of Human Services will seek sufficient funds in annual

budget requests to develop and maintain the services described in the Decree.

The State will pay attorneys' fees incurred in the amount of $1,740,000

to Class Counsel and $500,000 to Interveners' Counsel.

A monitor will be appointed by the Court to oversee compliance with the

Decree and report on progress to the Court on an annual basis. After nine years

of the approval of the Decree, the State may petition the Court to terminate the

monitoring process.

Note: As stated above, the consent decree must yet be approved by the Court.

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