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Robert H. Farley, Jr. writes and publishes on disability and disability law regularly. Below is a sampling of currently available articles and publications.
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Publications and articles are available for reprint by not-for-profit agencies and parents groups; please see reprint requirements on our publications page.
Robert H. Farley, Jr. is available to speak to parents groups, organizations, and agencies on a wide variety of issues related to disability advocacy and disability services. Popular topics include:
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During the last eight years, ongoing litigation against the State of Illinois has resulted in many families receiving funding for day programming, in-home supports, and residential services for children with developmental disabilities, and important legal issues in the State are still being litigated. If you have been told that your son or daughter does not qualify for funding, please contact Attorney Robert H. Farley, Jr. to determine whether current litigation may effect your situation, or if you have a basis for a legal claim against the State.
The "Early and Periodic Screening Diagnostic and Treatment " (EPSDT) federal law is an entitlement to medically necessary services for children (up to age 21) who need services to correct or ameliorate the child’s physical or mental conditions. These provisions would apply to children with behavioral or emotional disorders who need intensive services to correct or ameliorate their conditions. These provisions would often apply to children who are autistic, developmentally disabled and children who have a mental illness.
Q. Do the children have to qualify for Medicaid?
Answer: Yes, and if the child is under the age of 18, then family income is considered. HOWEVER, if the child is 18 years or older (18-20), then family income is not considered and then you only look at the child’s assets and income.
Q. Is my child, who I adopted through DCFS, eligible for intensive home based or residential treatment through EPSDT as part of the subsidy agreement regardless of my income?
Q. Can the State have a "Waiting List" for this program?
Answer: No. Every child who has a medical need for these services must be served.
Q. If my child has Medicaid and is on the PUNS list waiting services, is he or she legally entitled to immediate services?
Q. If my child has Medicaid and has been denied an ICG-Illinois Care Grant for intensive community based or residential treatment, can he receive these same services immediately through EPSDT?
Q. If a child qualifies for funding at age 18 and since the EPSDT program ends at age 21, will the child lose ongoing services? Answer: Courts have ruled that if the child still needs the services, then the Americans with Disabilities Act (ADA) requires the State to continue to provide these services.
FOR MORE INFORMATION: Call Attorney Robert H. Farley, Jr., at 630-369-0103.