Filed Date: March 5, 2021
Closed Date: June 2, 2023
Clearinghouse coding complete
Plaintiff in this case is a young man with a physical disability who had received support services, through the State Medicaid waiver program since 1990. These services enabled him to live independently in the community, but on March 2019, his home care provider told him his services would be terminated on March 22, 2019. He received no notice from the Illinois Department of Human Services (IDHS) that ran the waiver program.
On April 11, 2019 he requested an administrative hearing. The hearing officer reviewed the facts and recommended that the services be reversed. The hearing officer found that “any challenges [IDHS] had in locating homemakers for Plaintiff’s care did not justify termination…”and that Plaintiff should have the right to self-direct his care and select his own providers. In November 2019, the Secretary of IDHS adopted this decision and reinstated the services. Plaintiff was never told that he had a right to continue to receive services during the 8 months that he requested a hearing and awaited the decision. He went without services, and he could not meet his daily needs and faced a serious risk of institutionalization. His sister left her job and moved herself and her children to Illinois to care for him. They incurred high costs for his care and struggled.
On March 5, 2021, Equip for Equality filed suit, on his behalf, in the U.S. District Court for the Central District of Illinois. They claimed that the Secretary of IDHS, prevented his right to live independently in the community in violation the 14th Amendment and the integration regulations of the Americans with Disabilities Act (ADA) and Rehabilitation Act, Section 504 and failed to provide timely notice of the termination, or inform him that he has a right to appeal and continue to receive services pending a decision, in violation of federal Medicaid law and the Affordable Care Act (ACA).
Plaintiffs sought compensatory and punitive damages as well as attorneys’ fees and costs. Plaintiffs also sought a jury trial. The parties engaged in several months of discovery, as well as settlement negotiations. On February 17, 2023, the parties reported the case settled, for a monetary amount not known to the Clearinghouse. On June 1, 2023, the parties filed a stipulation of voluntary dismissal in light of their settlement. The court closed the case on June 2, 2023.
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59710697/parties/vinyard-v-illinois-department-of-human-services/
Bruce, Colin Stirling (Illinois)
Miller, Laura J (Illinois)
Mollica, Paul W (Illinois)
Fruth, Shannon Lynn (Illinois)
Traynoff, Taylor (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/59710697/vinyard-v-illinois-department-of-human-services/
Last updated Dec. 16, 2024, 4:39 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: March 5, 2021
Closing Date: June 2, 2023
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A young man with a physical disability who received support services through the State Medicaid waiver program until they were terminated.
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Illinois Department of Human Services, State
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Amount Defendant Pays: unknown
Issues
Disability and Disability Rights: