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Category: Scott Mendel's Articles
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This past Monday, we had a status conference with the judge in the Ligas case. 

 We informed her that while the State has been making the required payments to ICF/DD and CILA providers, the Monitor has found that the rates the State is paying, which have not increased since March 2008, are insufficient to meet the needs of those living in these facilities. The State told the judge that it disagrees with the Monitor’s finding of non-compliance. We told the Court that the parties are having discussions in an attempt to resolve the dispute. The Court noted the State’s financial difficulties and that children’s programs, schools, and others are not getting paid at all. She did, however, admonish the State to negotiate with us in good faith and we told her that if we could not resolve the dispute we would ask her to get involved. Our next meeting with the Ligas Monitor and the State is April 11 and our next hearing in court is May 16.

With respect to the continuum of care license legislation, I reported last week that the State’s main concerns are whether the new licenses would interfere with the receipt of federal Medicaid matching funds for Misericordia’s campus homes and homes in the community and whether the State could get what is called a demonstration waiver from the federal Centers for Medicare and Medicaid Services (“CMS”) for Misericordia. We are considering approaching CMS to get assurances that a new license will not affect the Medicaid matching funds and to seek CMS’s guidance on the potential waiver. We expect that the Senate Human Services Committee will hold a hearing on the continuum of care license legislation the first week of April.

In the meantime, Miz parent, Rick Nash confronted ARC of Illinois on its opposition to the continuum of care legislation. Rick’s emails to ARC are far too eloquent for me to summarize, so, with Rick’s permission, I reproduce them here in full along with the ARC’s responses. You will find them by clicking here.