Arc and Farley Files Federal Children’s Class Action Lawsuit
Bob is at it again. You may have families that could benefit from this action. Bob’s contact
information is below.
The Legal Team of Robert H. Farley, Jr., the Legal Council for Health Justice through
Attorneys Thomas D. Yates and Shannon M. Ackenhausen and the National Health Law
Program through Attorneys Jane Perkins and Sarah Somers, have filed a Federal Class
Action Lawsuit against the State of Illinois on behalf of Medicaid-eligible children
residing in Illinois with disabling and chronic health conditions.
The lawsuit was filed as a result of the systemic failure by the State of Illinois to
arrange for in-home shift nursing services. The State acknowledges that in-home shift
nursing services are medically necessary for all named Plaintiffs and Class members.
Yet, the State, has failed to arrange for in-home shift nursing services as mandated by
the federal Early and Periodic Screening, Diagnostic and Treatment (EPSDT) provisions
of the Medicaid Act. The State’s actions also violates the Americans with Disabilties Act
(ADA), the federal Rehabilitiation Act and other provisions of the Medicaid Act, which
results in the Plaintiffs and Class members being either institutionalized or facing the
serious risk of institutionalization.
Children are being unnecessarily hospitalized (institutionalized) as they are
unable to be discharged from the hospital due to the inability of nursing agencies to
fully staff the child’s case. Many other children live at home and face a serious risk of
institutionalized as the nursing agencies are unable to fully staff the child’s case.
Moreover, these children are also at risk of experiencing additional medical complications
at home due to the inability of the State to arrange for the delivery of all the medically
approved nursing hours for the children.
Among the State of Illinois system-wide policies, practices, and procedures that
cause this harm to plaintiffs are a low reimbursement rate for in-home shift nursing
services. The Defendant, the Illinois Department of Healthcare and Family Services will
not pay a nursing agency more than $35.03 per hour for a RN and $31.14 per hours for
a LPN for in-home shift nursing services for the Plaintiffs and Class members. In
contrast, the Defendant will pay $72.00 per hour for shift nursing services under certain
circumstances not applicable to the Plaintiffs and Class. Moreover, another State
agency, the Illinois Department of Children and Family Services will pay approximately
$45.00 per hour for in-home shift nursing services. As Medicaid is a joint state-federal
program, the federal government would reimburse Illinois for approximately 50% of any
hourly rate increase.
On December 3, 2015, attorneys for the Plaintiffs and proposed Class will appear
in Federal Court and ask the Court to order the Defendant to take all immediate and
affirmative steps necessary to correct her system-wide policies, practices, and
procedures in order to arrange for adequate levels of previously-approved, medically
necessary in-home shift nursing services to the Plaintiffs and Class.
FOR FURTHER INFORMATION, you may contact Attorney Robert H. Farley, Jr.:
Robert H. Farley, Jr.
Robert H. Farley, Jr., Ltd.
1155 S. Washington Street
Naperville, IL 60540
Tony Paulauski Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423