Full Text of HR1122 95th General Assembly
HR1122 95TH GENERAL ASSEMBLY
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HR1122 |
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| HOUSE RESOLUTION
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| WHEREAS, In 1992, a class of children in Cook County | 3 |
| eligible for Medicaid coverage ("plaintiffs") sued the | 4 |
| Illinois Department of Healthcare and Family Services ("HFS") | 5 |
| for violations of the federal Medicaid Act; and
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| WHEREAS, Plaintiffs alleged that HFS failed to provide | 7 |
| children in Cook County covered under Medicaid with access to | 8 |
| medical care and services equal to children who were not | 9 |
| covered under Medicaid; and
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| WHEREAS, The case went to trial in 2004 with Judge Joan | 11 |
| Lefkow finding in favor of the plaintiffs; and
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| WHEREAS, Parties to the suit held settlement negotiations | 13 |
| and came to an agreement in 2005; a consent decree was entered | 14 |
| on June 27, 2005 with Judge Lefkow; and
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| WHEREAS, Among the agreements in the consent decree, HFS | 16 |
| agreed to conduct a study regarding access to specialist | 17 |
| services by the children in the plaintiff class as well as | 18 |
| children in similar situations; and
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| WHEREAS, The consent decree required HFS to retain a | 20 |
| qualified expert who was subject to plaintiffs' "reasonable |
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| approval"; and | 2 |
| WHEREAS, The consent decree required the parties to discuss | 3 |
| with the retained expert their views on the proper methodology | 4 |
| for the study; and | 5 |
| WHEREAS, In 2007, plaintiffs filed a motion to enforce the | 6 |
| consent decree with Judge Lefkow; plaintiffs argued that the | 7 |
| expert retained by HFS was not qualified because it had never | 8 |
| implemented a mail survey or an audit survey, which were the | 9 |
| two methodologies proposed by the parties; plaintiffs also | 10 |
| argued that the new expert had been retained without its | 11 |
| approval; lastly, the plaintiffs argued that defendants had | 12 |
| unduly delayed the completion of the study; and | 13 |
| WHEREAS, On November 29, 2007, Judge Lefkow found in favor | 14 |
| of the plaintiffs and ordered the parties to agree on a new | 15 |
| expert within 30 days; and | 16 |
| WHEREAS, As of March 2008, the parties have yet to agree on | 17 |
| an expert and the study remains incomplete; therefore, be it
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 19 |
| NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 20 |
| the members of the Illinois House of Representatives urge HFS | 21 |
| and the plaintiffs to come to an agreement on an expert by |
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| April 30, 2008; and be it further
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| RESOLVED, That the expert and HFS finish the study and | 3 |
| complete a full report of the results by July 31, 2008; and be | 4 |
| it further | 5 |
| RESOLVED, That a copy of the report be delivered to every | 6 |
| member of the House of Representatives.
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