In order to keep the Misericordia Family up to date on legal and legislative developments, I will write a short article each Sunday (or almost each Sunday) with the latest news on this front.
There will be times, as in the past, where we will ask the families to take action (write letters, visit state and federal officials) and this way I hope you will better understand the context and reasons for those requests.
The most important recent development on the legal/legislative scene is the Monitor’s finding that the State of Illinois is NOT complying with one of the key requirements in the Ligas Consent Decree. Paragraph 4 of the Decree requires that the State of Illinois provide the “resources necessary” to meet the needs of individuals with developmental disabilities living in ICF-DDs and CILAa. As you know, Misericordia operates both ICF-DDs (for example, the Village, the Connelly Home) and CILAs (the ten homes in the community). Therefore, this provision of the Decree, which requires the State to provide adequate funding, is critically important to Misericordia. Bill Choslovsky and I fought very hard for the inclusion of this provision in Paragraph 4 of the Decree in order to protect Misericordia and other providers of residential services from being “starved” out of existence.
Illinois has not raised the rates it pays for residents of ICF-DDs or CILAs since March 2008, eight years ago. In those eight years, costs have increased by at least 25%. The gap between what the State pays Misericordia and other facilities and the cost to operate these facilities has grown each year. The burden of filling that gap so that Misericordia can continue to provide its excellent services falls on Misericordia’s friends and families. In essence, the State of Illinois has shifted the burden to us. Bill and I have been making this point to the Ligas Monitor for a number of years. This past July, a new Monitor, Ronnie Cohn was appointed. We gave Ms. Cohn a tour of Misericordia during which we explained the deficient funding by the State. Ms. Cohn heard the same message for facilities all across the state. In her first Annual Report, issued last month, Ms. Cohn agreed with us that the State was failing to meet its obligations under the Decree because it was not providing sufficient funding to ICF-DD and CILA providers to enable them to meet the needs of their residents.
This is an important development because it now requires the State to come up with a plan to bring itself into compliance (i.e., increase the rates) or face a court proceeding in which we will ask the Court to order the State to increase its rates. The process is a long one. As a first step, the State must respond to the Monitor’s finding of non-compliance. The State was supposed to submit its response on February 4. As of this writing (February 5), no response has been submitted. Then the Monitor and the parties will meet with the State and try to negotiate an appropriate solution. If those efforts fail, we will need to initiate a court proceeding.
If a court proceeding is necessary, Bill and I may be calling on you to come to court, as you did earlier in this case, to explain to the judge in your own words the impact of the State’s failure to make adequate payments on the welfare of your loved one at Misericordia. Several years ago, when we asked you to come to court, your response was nothing short of amazing; and it made all the difference in the world. The arguments Bill and I made to the Court had little impact compared to your personal stories. Those stories are what persuaded the judge and led us to victory. While we will try to avoid it, we may have to ask you to work your magic again.
If you have any questions or would like more information, please do not hesitate to contact me at This email address is being protected from spambots. You need JavaScript enabled to view it.
K&L Gates LLP
Scott M. Mendel
K&L Gates LLP
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Suite 3100
Chicago, IL 60602
Phone: (312) 807-4252
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Fax: (312) 827-8131
email: This email address is being protected from spambots. You need JavaScript enabled to view it.
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