HR1122 95TH GENERAL ASSEMBLY

HR1122 LRB095 20610 DRJ 48691 r

HOUSE RESOLUTION

WHEREAS, In 1992, a class of children in Cook County eligible for Medicaid coverage ("plaintiffs") sued the Illinois Department of Healthcare and Family Services ("HFS") for violations of the federal Medicaid Act; and

WHEREAS, Plaintiffs alleged that HFS failed to provide children in Cook County covered under Medicaid with access to medical care and services equal to children who were not covered under Medicaid; and

WHEREAS, The case went to trial in 2004 with Judge Joan Lefkow finding in favor of the plaintiffs; and

WHEREAS, Parties to the suit held settlement negotiations and came to an agreement in 2005; a consent decree was entered on June 27, 2005 with Judge Lefkow; and

WHEREAS, Among the agreements in the consent decree, HFS agreed to conduct a study regarding access to specialist services by the children in the plaintiff class as well as children in similar situations; and

WHEREAS, The consent decree required HFS to retain a qualified expert who was subject to plaintiffs' "reasonable approval"; and

WHEREAS, The consent decree required the parties to discuss with the retained expert their views on the proper methodology for the study; and

WHEREAS, In 2007, plaintiffs filed a motion to enforce the consent decree with Judge Lefkow; plaintiffs argued that the expert retained by HFS was not qualified because it had never implemented a mail survey or an audit survey, which were the two methodologies proposed by the parties; plaintiffs also argued that the new expert had been retained without its approval; lastly, the plaintiffs argued that defendants had unduly delayed the completion of the study; and

WHEREAS, On November 29, 2007, Judge Lefkow found in favor of the plaintiffs and ordered the parties to agree on a new expert within 30 days; and

WHEREAS, As of March 2008, the parties have yet to agree on an expert and the study remains incomplete; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the members of the Illinois House of Representatives urge HFS and the plaintiffs to come to an agreement on an expert by April 30, 2008; and be it further

RESOLVED, That the expert and HFS finish the study and complete a full report of the results by July 31, 2008; and be it further

RESOLVED, That a copy of the report be delivered to every member of the House of Representatives.