NOTICE OF CLASS ACTION SETTLEMENT FOR MEDICALLY FRAGILE PERSONS 21 YEARS AND OLDER
The Legal Team of Robert H. Farley, Jr., Mary Denise Cahill and Alysha Briggs-Miller, are pleased to announce that on July 9, 2013, Federal Judge Ruben Castillo has given preliminary approval of a Class Action Settlement (Consent Decree) concerning medically fragile persons who at the age of 21 were subjected to reduced Medicaid funding which reduced the level of medical care (nursing care).
The settlement was reached to resolve a lawsuit brought by Robert H. Farley, Esq. in Federal Court. The case was certified to proceed as a class action in November, 2010. The action claims that the Director of the Illinois Department of Healthcare and Family Services (“HFS”) violated federal laws when individuals, who upon attaining 21 years of age, age out of the MF/TD Waiver and into a different waiver program that provides substantially less funding. The lawsuit alleges that without the funding provided by the MF/TD Waiver program, these individuals will have to be institutionalized or hospitalized to provide for their medical needs, in violation of Title II of Americans with Disabilities Act, and the Rehabilitation Act.
The Settlement provides for the following:
Medical Services to be based on medical necessity, not chronological age.
Person-centered standardized assessment of medical necessity, levels of services, and
Assessments performed on fixed-timetables.
Specific service plans that account for the individual’s support system and allow for self-
direction that might require more service hours.
Family choice in service deliver.
ER and hospitalizations monitored to see if service plan adjustments are warranted.
Service plans to be reviewed annually and in interim periods if necessary to address
Involvement of families in changes to services or service plans.
Close monitoring when services are changed or titrated.
Higher levels of case management and more assistance for families with greater needs.
Families will have Right to Appeal.
Court will retain jurisdiction to enforce for 3 years.
On October 3, 2013, Judge Castillo will conduct a fairness hearing to determine whether
the terms of the Consent Decree are fair, reasonable, and adequate, and should be approved by
The Legal Notice of Proposed Class Action Settlement and Hearing as well as the