Re: Fw: Arc and New Class Action Lawsuit Filed

[Guest guest]

Since we are at the beginning of this process, I had a question. I agree that

our children/young people need services.

I was watching a program that followed 3 young men with developmental

disabilities: 1 who was non-verbal autism, one who is closer to Asperger

Syndrome but lower functioning and one who I believe had some event that left

him with an IQ of 72 I believe. They were in different states I think. The

last one did not receive services because his IQ was 1 or 2 points too high to

meet the state IQ cutoff. The discussion was that certain states have

established IQ levels in the laws in order to ration services.

I guess Illinois is not one of those states where services are based on IQ? I

was wondering if filing this lawsuit would push IL state legislators to

establish an IQ cutoff and then in one stroke end the possible of services for

young men like my son who do not have low IQs but still require services in

order to be independent. So then the final outcome would be that we would have

to pay 100% of anything we would need for our son and others like him.

I think all the disabled people truly should get the support they are entitled

to...but do you all think this kind of lawsuit would push IL to move toward an

IQ cutoff or something like that? Can they do that?

>

> Arc and New Class Action Lawsuit FiledFYI

> Ellen

> Ellen Garber Bronfeld

> egskb@...

> Arc and New Class Action Lawsuit Filed

>

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> Dear Ellen,

>

> As you read this report, I am on my way to the Capitol

to meet with Director Casey.

>

> Bob Farley has filed another lawsuit against the State

of Illinois. See details below.

>

> Tony

>

> The Legal Team of H. Farley, Jr., N.

Schneiderheinze, Cahill and Alysha Briggs-, have filed a

Federal Class Action Lawsuit against the State of Illinois due to its failure to

comply with Federal Laws which mandate that medicaid eligible children (up to

the age of 21) who have behavioral or emotional disorders, receive intensive

mental and behavioral services in order to correct or ameliorate their

conditions.

>

> The State of Illinois is aware that

children (up to the age of 21) with severe developmental disabilities or severe

mental illnesses or severe emotional disorders fail to receive the medically

necessary home and community-based services to address their needs. In 2010,

the State issued a report which identified over 18,000 persons through the age

of 21 with severe mental illnesses and emotional disturbances and yet only 220

of these children received intensive community based services.

>

> The State of Illinois failure to comply

with federal laws, results in unnecessary repeated hospitalizations for some of

the class members. Some of the class members are “locked†out by their

parents and guardians in order to access State services. Some of the class

members are on “Waiting Lists†for needed services. Some of the class

members have been told to apply for “Individual Care Grants†and the reality

is that most of these requests are denied as in one year only 81 grants were

awarded out from over 1,000 requests for funding. Parents and caregivers are

given the runaround and told to play the alphabetical soup game and seek

services from “DMH†or “ICG†or “DHS†or “ODD†or “DRS†or

“CRSA†or “PUNS†or “SAS†or “ISCA†or “ISBE†and the harsh

reality is that at the end of the day (years), the needed services are not

provided.

>

> The United States Department of Justice

in support of a similar federal class action in another State, wrote that

“[t]he denial of EPSDT services results in significant harm to children with

behavioral or emotional disorders, including exacerbation of their conditions,

deterioration to the point of crisis, and unnecessary institutionalization in

violation of the ADA.

>

> FREQUENTLY ASKED QUESTIONS ABOUT

THIS LAWSUIT:

> Q. Do the children have to qualify for Medicaid?

Answer: Yes, and if the child is under the

age of 18, then family income is considered. HOWEVER, if the child is

> 18 years or older (18-20), then family income is not

considered and then you only

> look at the child’s assets and income.

>

* * *

> Q. Is my child, who I adopted through DCFS, eligible

for intensive home based or residential

treatment through EPSDT as part of the subsidy agreement regardless

> of my income? Answer: Yes.

>

* * *

> Q. Can the State have a “Waiting List†for this

program? Answer: No. Every child

> who has a medical need for these services must be

served.

>

* * *

> Q. If my child has Medicaid and is on the PUNS list

waiting services, is he or she

> legally entitled to immediate services? Answer:

Yes.

>

* * *

> Q. If my child has Medicaid and has been denied an

ICG-Illinois Care Grant for

> intensive community based or residential treatment,

can he receive these same

> services immediately through EPSDT?

Answer: Yes.

>

* * *

> Q. If a child qualifies for funding at age 18 and

since the EPSDT program ends at

> age 21, will the child lose ongoing services?

Answer: Courts have ruled that if the

> child still needs the services, then the Americans

with Disabilities Act (ADA) requires

> the State to continue to provide these services.

>

> FOR MORE INFORMATION: Call Attorney H.

Farley, Jr., at 630-369-0103.

>

>

>

>

>

>

> Tony auski

> Executive Director

> The Arc of Illinois

> 20901 S. LaGrange Rd. Suite 209

> fort, IL 60423

> 815-464-1832 (OFFICE)

> 708-828-0188 (CELL)

> Tony@...

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[Guest guest]

Thanks, Ed.

I don't have the information to back it up, but I have often heard that in other

states, community supports and services improved and were expanded by

litigation. If anyone has this data, it might be interesting to this group to

see some evidence that lawsuits can move the I/DD community forward.

Ellen

Ellen Garber Bronfeld

egskb@...