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U.S. District Court Rules on Illinois Medically Fragile Funding Case - |
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December, 2010
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Robert H. Farley, Esq.
1155 S. Washington St., Ste. 201 Naperville, IL 60540 Telephone: 630-369-0103 Fax: 630-369-0195 Visit our website for more information: www.farley1.com
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Attorney Robert H. Farley, Jr. is available to speak to parents, groups and agencies at no charge. Use the contact form on our website to request a speaking engagement now.
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“The [State’s] conduct toward the entire proposed class is identical – individuals age-out of the MF/TD Program regardless of their medical needs and instead based solely on their age. Moreover, Defendant has refused to modify this policy and practice despite the fact that other individual plaintiffs have successfully challenged the policy in five separate lawsuits.” 
Dirksen U.S. Courthouse, Chicago
The disabled persons in this case are medically fragile persons who receive funding from the State of Illinois under its Medically Fragile/Technology Dependent (MF/TD) Program. The State restricts enrollment in this program to persons under the age of 21, and when they age out of the program they transition into a different program that provides substantially less funding. Without the continued funding in the Medically Fragile program, the Plaintiffs will have to be institutionalized or hospitalized to provide for their medical needs.
Judge Hibbler ruled that this class action includes "All persons who are enrolled or will be enrolled or were enrolled in the State of Illinois' Medically Fragile, Technology Dependent Medicaid Waiver Program (MF/TD and when they obtain the age of 21 years are subjected to reduce Medicaid funding which reduces the medical level of care which they had been receiving prior to obtaining 21 years."
Attorney Robert H. Farley, Jr. and the Plaintiff Class thank the United States Department of Justice for its support in this litigation against the State of Illinois. If any disabled person has been denied sufficient or adequate funding due to their disability, then please contact Attorney Robert H. Farley, Jr. at 630-369-0103.
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Attorney Robert H. Farley, Jr. is available to assist parents and families in matters of Estate Planning, Special Needs Trust, and Guardianship. Mr. Farley is a valuable resource for families in how to successfully navigate the disability system in Illinois.
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