Arc and Judge Orders State to Restore Nursing Services to Children
From Bob Farley, Attorney at Law and advocate.
The Legal Team of Robert H. Farley, Jr., Michelle N. Schneiderheinze, Mary Denise Cahill
and Alysha Briggs-Miller, have filed a Federal Class Action Lawsuit against the State of
Illinois as a result of its failure to provide medically necessary in-home skilled nursing
services to children.
This denial of medically necessary nursing care by the State of Illinois began during the last
days of the Quinn administration and now theses failed Quinn policies have spilled over to
the Rauner administration.
From December 1, 2014 through February 28, 2015, the State of Illinois has given notice to
98% of children who had been previously approved by the State for in-home skilled nursing
services as being medically necessary, that their nursing services will now be eliminated or
significantly reduced. These children are in the Nursing and Personal Care Services
(“NPCS”) program. The State has embarked on a course of action to destroy, decimate and
deny medically needed in-home skilled nursing services to medically fragile children,
despite there being no improvement in their medical condition from the prior year.
Many of these children have been receiving in-home skilled nursing services for many years.
Despite years of prior approval from the State for in-home skilled nursing services and 2
despite no improvement in the child’s medical condition, during the child’s periodic annual
review, the State gave notice to 118 children during the months of December, 2014,
January, 2015 and February, 2015, that they no longer meet the requirements for in-home
skilled nursing services and their nursing services will be phased out over a 6 month period
to zero hours. During the same 3 month period, 57 children were notified that their nursing
hours would be reduced and 3 children were notified that their nursing hours would remain
the same. Accordingly, the State gave notice to 66% of the children that their in-home skilled
nursing services would be eliminated and gave notice to 32% of the children that their nursing
services would be reduced and only 2% of the children faced no elimination or reduction of
These children are entitled to receive these medically necessary in-home skilled nursing
services under long established Federal Laws, such as the Early and Periodic Screening,
Diagnostic, and Treatment Services (EPSDT) provisions of Title XIX of the Social Security Act
(“Medicaid Act”) 42 U.S.C. Sec. 1396 et. seq and under the Americans with Disabilities Act
(ADA) and under the Rehabilitation Act.
FOR MORE INFORMATION: Call Attorney Robert H. Farley, Jr., at 630-369-0103
Tony Paulauski Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423