At the time of last week’s article, the State had not submitted its response to the Ligas Monitor’s finding that the State is failing to comply with its obligations under the Ligas Decree because the rates it pays ICF and CILA providers is too low. We now have the State’s response.
Not surprisingly, the State disagrees with the Monitor. It claims that its rates are sufficient even though they have not been increased since March 2008. The State provides the following reasons for its position:
- It is paying the same rates as last year and last year the Monitor did not find that the rates were insufficient.
- Even though the State has no budget, it is paying ICF and CILA providers quicker this year than last year.
- The State is placing individuals with developmental disabilities in home and community based settings at the pace required by the Decree.
- There is no systemic crisis in finding and retaining direct care staff.
- There has been no decrease in the quality of services provided by ICF and CILA providers.
- ICF beds are available to all who want them.
- Only two ICFs have closed their doors involuntarily.
I will let the reader reach his or her own conclusions on the persuasiveness of these points. However, I will point out that the State does not address the fact that Misericordia and the other providers have been able to survive and continue to provide quality care for our family members only because the family and friends of Misericordia have stepped up and filled the gap between what the State provides and what is required to provide a quality life for our loved ones. That State has shifted its responsibility to us.
In its response, the State did indicate a willingness to discuss the work force and other issues faced by providers due to the State’s failure to increase rates. We had our first meeting with the State to initiate those discussions on February 11. It is still too early to know whether these discussions will be successful. Next week, Governor Rauner will submit his proposed 2017 budget (for the year starting July 1, 2016). It will be important to see what he is proposing with respect to rates for ICFs and CILAs. We will then meet with the State again on February 26 to continue our discussions.
As I indicated last week, if we do need to go to Court to seek an order requiring the State to increase its rates, we will likely be asking you to come to court to help us. We will know more in the weeks ahead whether we will need you and what exactly we will be asking you to do.
Thanks for your continuing support and please do not hesitate to contact me with any questions or comments at This email address is being protected from spambots. You need JavaScript enabled to view it..
Scott M. Mendel
K&L Gates LLP
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Suite 3100
Chicago, IL 60602
Phone: (312) 807-4252
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email: This email address is being protected from spambots. You need JavaScript enabled to view it.