Coalition of Illinois Social Services Agencies Lose Lawsuit To Force State Of Illinois To Pay Them

CHICAGO (Reuters) - A judge on Wednesday (Aug. 31) dismissed a lawsuit filed against Illinois by a coalition of social services providers trying to force the state to pay more than $100 million in overdue bills.

Cook County Circuit Court Judge Rodolfo Garcia ruled that the fiscally shaky state, which has racked up $8 billion in unpaid bills, was immune from lawsuits of this type.

He said, however, that his ruling would allow the human services organizations to take their case quickly to the Illinois Appellate Court.

Andrea Durbin, who heads the Pay Now Illinois coalition that filed the lawsuit, said the ruling should raise concerns.

"I think that this ruling calls into question any contract anyone has with the state of Illinois," she said, adding that it means the state could hold service providers and vendors accountable for their part of a contract while refusing to pay them.

An impasse between Republican Governor Bruce Rauner and Democrats who control the legislature resulted in an incomplete fiscal 2016 budget and a fiscal 2017 spending plan that covers only six months. The new fiscal year began on July 1.

Even with the temporary budget, which included some fiscal 2016 appropriations, Durbin said some members of her group remain unpaid with no clear indication of when or if state money would begin to flow.

Garcia’s decision came more than three months after the group of social service providers, which included a child-welfare organization led by Illinois first lady Diana Rauner, sued to force the state to pay bills for work performed since July 2015. The coalition's website indicates the state now owes them more than $161 million.

Rauner's office declined to comment on Garcia's decision.

The 97 plaintiffs provide services for sex abuse victims, the homeless, senior citizens and at-risk youth. The plaintiffs argued they have suffered “acute financial hardship” due to the lack of payment.

The coalition contended Rauner's June 2015 veto of spending bills impaired their constitutional right to seek a legal remedy for nonpayment of their various contracts with state government.

article by Karen Pierog and Dave McKinney for Reuters | Aug. 31, 2016

Illinois Social Service Collation "Pay Now Illinois" push for lawsuit post stop-gap budget

A coalition of 99 human and social service agencies "Pay Now Illinois" serving Illinois' most vulnerable populations. Their purpose is seeking payment of more than $161 million from the state for more than 300 days of work performed under signed contracts.

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BY SOPHIA TAREENAssociated Press | July 13, 2016

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Social service providers working without pay for more than a year because of Illinois' unprecedented budget struggles said Wednesday that they still haven't been paid after the approval of a short-term spending plan and will push ahead with a lawsuit to force funding.

The Pay Now Illinois coalition, made up of about 100 providers, sued Gov. Bruce Rauner and state agencies in May because of fallout from the yearlong budget impasse. Last month, lawmakers approved a stop-gap measure covering, in part, the past and current fiscal years. But the coalition said almost none of their providers had been paid.

Attorneys for the coalition and Attorney General Lisa Madigan's office briefly appeared in court Wednesday. Both sides said they needed time to assess recent budget developments and revise court filings. They return to court July 25.

Part of the issue is confusion over how Illinois will proceed in doling out funds authorized by the partial budget, which allows schools to open on time and funds other services until January. However, state officials were unable Wednesday to provide detailed answers about social services. Groups in the lawsuit provide health care, youth and elderly counseling and programs to fight sexual assaults and homelessness.

Comptroller Leslie Munger, whose office writes Illinois' checks, couldn't say how much had been paid related to the short-term budget. Munger's spokesman, Rich Carter, said vouchers sent to the office by state departments don't make the distinction and the situation was complicated by the partial budget dealing with two fiscal years. He said Munger would "prioritize" service provider payments.

Department of Human Services spokeswoman Marianne Manko said the office, which holds most of the coalition's contracts, was working "diligently" on helping those who "served the state's most vulnerable" during the impasse get paid.

"We ask for patience as we process payments as quickly as possible," she said in a statement.

Many groups have already had to scale back programs, lay off employees or close their doors completely. The lawsuit claims the "infrastructure of state-supported social services is at the risk of collapse."

Coalition spokeswoman Andrea Durbin estimated the groups are owed at least $161 million for unpaid work.

"Every day that goes by, that number grows," she said.

Pay Now Illinois seeks court intervention for immediate payment, arguing Rauner created an unconstitutional situation by vetoing money last year for services and then enforcing contract terms anyway. Rauner's spokeswoman has said the governor understands the frustrations but the answer lies in a "balanced, reform-oriented budget" agreement.

In a court filing, the coalition said it would add 17 more plaintiffs, bringing the total to 99. Among the most high-profile groups already in the lawsuit is the Chicago-based Ounce of Prevention Fund, which is run by Diana Rauner, the governor's wife.

The stop-gap plan doesn't end gridlock on a full budget. Since he took office last year, the first-term Republican governor has demanded union-weakening and pro-business reforms as a condition to a budget that includes a tax increase. But Democrats, who run the House and Senate, argue those ideas hurt the middle-class and should be separate from a budget.

Read more here: http://www.bnd.com/news/state/illinois/article89329872.html#storylink=cpy

State of Illinois fails a "moral test of government”

Thank all of our readers for sharing the following editorial as posted by saukvalley.com. A real insight into so many of  Illinois disability community daily lives experience ....

Illinois spends far less per capita on disability services than other Midwestern states. The stopgap budget isn’t expected to help much.

opinion By the Sauk Valley (.com) Media Editorial Board | June 1, 2016
During the past fiscal year, Illinoisans were at the mercy of a state budget impasse that disrupted institutions, programs and lives.

For the past decade, however, the needs of people with intellectual and developmental disabilities have been chronically neglected by those in power.

The consequences of that neglect make it more and more difficult for area agencies to serve the needs of people who, as the late Sen. Hubert Humphrey once said, are in “the shadows of life.”

The Sauk Valley Media Editorial Board spent an enlightening hour this week with Jeff Stauter, chief executive officer of Kreider Services of Dixon, and Brion Brooks, executive director of the Village of Progress of Oregon.

Kreider and Village of Progress continue to serve hundreds of area clients, even though “we haven’t seen any new money in a decade,” Stauter said. Kreider also supervises 30 group homes in three counties.

The underfunding has led to wages for agency employees that aren’t competitive enough to attract sufficient workers willing to undergo the required training and do the required work, which includes personal care (toileting) for clients.

Programs, such as respite care, have been cut at Kreider. Support for people with autism has been reduced.

As Brooks noted, “The underfunding has a lot of ramifications not from just understaffing but for the dignity of individuals.”

Both agencies have tapped their foundations for financial help, but that support goes only so far.

These private, not-for-profit agencies would like to see additional state funding so that wages can be raised and vacancies filled in their workforces.

They would also like sufficient funding so that the state’s “waiting list” of people with disabilities who need help, now numbering about 27,000, could be reduced.

Stauter and Brooks expressed concern that a stopgap budget likely would not solve the problems they face.

Stauter said such a budget would only be kicking the can down the road again, “which is what we’ve done since [Gov.] George Ryan was in office.” Ryan’s term ended in 2003.

Brooks said the average spending for disability services in Midwestern states is $133 per capita. Illinois, however, spends only $44 per capita.

How do state leaders get away with spending so little on persons with disabilities?

“I think it’s an invisible community, for the most part,” Brooks said.

Many people with disabilities are not able to have a voice in the debate. They are out of sight, and therefore out of mind for many politicians – even as, with more programs closing and more people with disabilities on the street, they likely will have more problems with law enforcement.

Stauter put it bluntly: “We just don’t see any light at the end of the tunnel.”

Sen. Humphrey said the “moral test of government” centers on how it treats children, the elderly, and “the sick, the needy and the handicapped.”

In Illinois, our government clearly is failing the test.

And it will continue to do so until the public demands otherwise.

http://www.saukvalley.com/2016/06/29/editorial-illinois-fails-a-moral-test/a7sdmsv/

And Another Illinois Budget Casualty Of A Mental Health Social Service Agency - SHAME ON ILLINOIS LEGISLATORS!

Unfortunately, many Social Services throughout Illinois are not able to continue providing services due to Illinois Budget Impasse, those that serve the disability community are being forced to reduce services, or no longer able to exist. 
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Mental health agency plans shutdown, looks to other providers

article by Paul Swiech, for The Pantagraph | June 21, 2016

CLINTON, IL. — The primary provider of outpatient mental health services in DeWitt County will begin shutting down July 1, a casualty of the state budget impasse, the agency executive director said Monday.

The board of the DeWitt County Human Resource Center (HRC) voted to cease providing services after June 30, Executive Director Lynn Scoville said.

But HRC is working with other Central Illinois health providers to determine whether they can assume responsibility for HRC programs.

"Our goal right now is to make sure our clients are taken care of," Scoville said. Then she paused to cry. "And to make sure they are taken care of in our community. That's our goal."

She declined to name the other agencies because negotiations are ongoing.

"It truly is heartbreaking the way the State of Illinois has set its priorities," Scoville said. "I don't care what side of the aisle you're on."

"The mental health board is saddened by the news of HRC discontinuing client services as of June 30," said Sharon Mills, administrator of the DeWitt County 708 Community Mental Health Board. "There is no other agency in DeWitt County providing the array of services they do."

"We are working with HRC to see what we can do to help reach out to other providers," Mills said.

HRC serves about 500 people in DeWitt County. Services include outpatient mental health therapy and counseling, case management to assist clients to live independently, 24/7 crisis intervention for people experiencing a psychiatric emergency, psychiatric services, mental health and substance abuse early intervention and developmental training/day programming for people with developmental disabilities.

Some people with developmental disabilities work in HRC's Encore Thrift Store. HRC also owns and provides staff for Kleemann Village — apartments for low-income adults with mental illnesses — but the U.S. Department of Housing and Urban Development provides funding.

About 65 percent of HRC money comes from the state and federal governments, 20 percent from local property tax money and the remaining 15 percent from thrift shop operations and other HRC income.

But, since June 30, 2015, because there is no state budget, HRC has received no state grant money.

HRC has gotten through the year by moving money from programs that made money to programs that don't make money, by getting money in advance from the Mental Health Board, by reducing numbers of employees from 30 to 18, and by getting a line of credit from a bank.

But the line of credit is not being extended and "there is no (state) budget, no plan and no stopgap in place," Scoville said. Gov. Bruce Rauner has declined to sign the stopgap approved by the General Assembly.

"We are out of money," Scoville said, estimating that HRC is owed $150,000 by the state.

The thrift shop will remain open until all merchandise is sold. Kleemann will remain open because it's HUD-funded, but "the question is, who will provide support to clients?"

http://www.pantagraph.com/news/local/mental_health/dewitt-county-mental-health-agency-plans-shutdown-looks-to-other/article_6bd1208c-da60-5d3c-b3df-596ea796c8cc.html

Another Illinois Budget Casualty Of A Disability Social Service Agency, 'Centerstone' - SHAME ON ILLINOIS LEGISLATORS!

Centerstone describes itself as “one of the nation’s largest not-for-profit providers of community-based behavioral health care, offering a full range of mental health services, substance abuse treatment and intellectual and developmental disabilities services in Florida, Illinois, Indiana, Kentucky and Tennessee.”

From Centerstone CEO John Markley on June 21, 2016…
For the last 11 months, Centerstone has, in good faith, offered services we were contracted to provide by the state of Illinois, but because our state officials have not passed a budget, we have not been paid for these services. Today, our state owes Centerstone more than $6 million.

We, along with other organizations, have warned public officials for months that we could not sustain the losses the state of Illinois was imposing on us, but our concerns have been ignored.

With no end to this state contract crisis in sight, the viability of our entire organization is being threatened. So, after careful review of the situation, we are enacting difficult measures to protect Centerstone, our 600 employees across the state and the 16,000 people of all ages who depend on us.

In the coming fiscal year, we will eliminate several state contracts because of the risk involved. These contracts represent vital services in our communities, but we cannot sustain them in such uncertain times. This means, as of June 30, 2016, the following services will close:

• · Comprehensive Community Based Youth services (CCBYS) in Franklin, Jackson, Perry and Williamson Counties;
• · Crisis Stabilization services at the Centerstone Crisis Center in Williamson County, a service which has saved our state more than $4 million in healthcare costs;
• · DMH Juvenile Justice services in Franklin, Jackson, Jefferson and Williamson Counties;
• · Homeless Youth services in Franklin, Jackson, Perry and Williamson Counties;
• · Psychiatric Medication funds used in Calhoun, Franklin, Jackson, Jersey, Madison, and Williamson Counties;
• · Supported Residential services (one group home) in Alton; and
• · Teen Pregnancy Prevention services in Franklin County.

Additionally, Halfway House beds in Marion will be reduced.

A total of 700 clients and 39 staff members will be affected by these changes. The loss of our colleagues and services is painful, but our state has offered us little choice.

It is our sincere hope that our Governor and legislature finally do the right thing and act in the best interests of all of their constituents by ending this state budget crisis.

For Centerstone, visit: https://www.centerstone.org/

Illinois Budget Impasse Casualties Another Disability Social Service Agency - SHAME ON ILLINOIS LEGISLATORS!

STERLING, Ill. - KWQC TV6 News – report by Bethany Dykes | June 21, 2016

The Northwestern Illinois Center for Independent Living or NICIL, continues to lay-off employees and cut programs while they hope for the state of Illinois to pass a budget.

NICIL is an organization helping people with disabilities in five counties in northwestern Illinois.

Executive Director, Michelle Miller, said they began laying off employees last July the first time the state didn’t pass a budget and now a year later she will have to do it again.

“It’s incredibly difficult as a team member here to watch your team members leave without their choice in it because the state can’t do their part that they are empowered to do and we are empowered to deliver these services,” said Miller.

Jessica Craft, Center Coordinator, says her job is on the chopping block leaving her future uncertain.

“I’m very overwhelmed, it’s very emotional. You know I’ve got a little baby at home that I am trying to provide for and I don’t want it all to be on my husband,” said Craft.

This is the first time Craft has faced unemployment. Last year she was laid off until October when NICIL brought her back to the team.

“Its hard to keep going each day, you know come into work and I’m distracted. All day I’m just always thinking about what I am going to do,”said Craft.

Miller said when the agency is fully staffed they have nine employees but right now they have five, meaning each person has to play multiple roles to fill in.

After two employees are laid off, Miller said it will only be a matter of time before she has to lay-off the rest of the employees leaving her to run the place alone.

“I will do my very best but the reality is there is one of me and five counties with over 300 people and we will continue to do everything we can until our last dollar is used and then after that it is in the legislators hands,” said Miller.

Staff said the agency has stayed open through the last year by using their reserve funds, but now they are saying those funds are gone.

Miller said she doesn’t think the center will stay open for more then 90 days after July 1st, if a budget is not passed.

She is hoping the state will pass a budget and save agencies like NICIL, from these tough decisions.

http://kwqc.com/2016/06/21/sterling-social-service-agency-making-program-cuts-and-layoffs-due-to-budget-impasse/
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As the State of Illinois continues for a second year without a budget its the citizens that are effected. With another Center for Independent Living instability due to funding, is the State of Illinois and it's elected officials goal to chase people with disabilities out of Illinois, or to fill up State Institutions, or overfill nursing homes? SHAME ON ILLINOIS LEGISLATORS!

UGH... Jim at Ability Chicago Info

Illinois Human Services as an Economic Engine Throughout Illinois, May 2016 Report

May 23, 2016 -- The following article and information is shared from the wonderful Illinois Partners for Human Service, which is excited to release their report (posted below) on "Human Services as an Economic Engine" Research Report. 

                                                       

Read the exclusive coverage in Crain's Chicago Business below:

Crain's Chicago Business - Greg Hinz on Politics, May 23, 2016

The budget war's hidden $4.5 billion problem

As Springfield nears the end of another budget season-without a budget-in which social-service groups again are likely to get the shaft. A coalition of such groups is releasing a solid analysis of what's at stake economically-and not just statewide, but in the district of every member of the General Assembly.

A new report (posted below) I've obtained exclusively from Illinois Partners for Human Service says agencies serving the disabled, elderly, poor and others collectively are responsible for $3.1 billion a year in direct spending and $1.4 billion in secondary spending. They employ 3.5 percent of the state's workforce, roughly 169,000 people; and generate $597 million annually in state and local taxes.

Not to mention the value of the services to their recipients.

What's really fascinating, though, is that such spending, proportionally, tends to be concentrated not so much in Chicago and nearby suburbs, but in rural Downstate areas.

For instance, the report says the Cook County has 262 poor persons and 160 disabled persons for every agency serving their needs. But that ratio is two to three times higher in areas such as Hancock County along the Mississippi River, Pike County west of Springfield and Massac County at the southern tip of the state. 

Human service workers make up 2.9 percent of the workforce in Cook County but 4.3 percent in Gallatin County, 5.3 percent in Hardin County, 3.9 percent in Johnson County and 4.8 percent in Lawrence County, for instance.

And by Senate district, just five of the top 20 areas ranked by the economic impact of social service spending are located in Chicago, with six having Republicans serving as their senator. Among those is the district of Senate GOP Leader Christine Radogno of Lamont, ranked 13th, with $73 million of such spending a year and 3,311 employees.

All of this occurs, the report says, even though such workers make well below what they'd garner in another line of business-even degree holders earning a median hourly wage of $16.61, compared to $26.14 for college grads generally.

"As a coalition of over 850 community organizations, Illinois Partners for Human Service understands that human services are the pillars that uphold healthy, vibrant communities," Executive Director Judith Gethner says in a forward. "Evidence suggests that human services make a major contribution to Illinois," she adds, yet the state has been imposing cuts and flat rates, when money is made available at all.

Some social service spending is on autopilot during the budget standoff between Gov. Bruce Rauner and Springfield Democrats. But other groups are owed hundreds of millions of dollars a year, and have gone to court in a bid to spring free their money.

The report was prepared by local demographer Rob Paral and by the Public Policy Center at the University of Massachusetts-Dartmouth.

http://www.chicagobusiness.com/article/20160523/BLOGS02/160529965/the-budget-wars-hidden-4-5-billion-problem

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  Economic Impact Report- Illinois budget impasse by craignewman

Illinois Gov. Rauner and State Agencies Sued for Breach of Contract by Coalition of Human and Social Service Agencies

from a Press Release on May 4, 2016

Pay Now Illinois Seeks Immediate Payment of $100 million

CHICAGO--(BUSINESS WIRE)--Pay Now Illinois, a coalition of 64 Illinois-based human and social service agencies and companies, today sued Illinois Governor Bruce Rauner and the directors of six statewide agencies seeking immediate payment in full of more than $100 million owed for work performed under contracts that date back to July 1, 2015, the beginning of the state’s current fiscal year. A link to the lawsuit can be found at www.paynowillinois.org/legalaction.html.

The coalition members, who provide services including housing for the homeless, healthcare, services for senior citizens, sexual abuse counseling, and programs for at-risk youth, face “acute financial hardship.” Many have reduced staff and programs, and the viability of some of the organizations is threatened.In seeking a permanent injunction and declaratory judgment, the suit, filed in Cook County Circuit Court, charges that the Governor and other state officials have acted illegally by failing to make payments on contracts while continuing to enforce them. The suit also claims that the Governor’s veto of certain appropriation bills on June 25, 2015 was an unlawful impairment, or interference, with the agencies’ constitutional right to a legal remedy for the non-payment of these contracts. State agencies signed contracts with the social services providers, in some cases even after the Governor’s veto of the budget. The value of unpaid contracts for the members of the coalition exceeds $100 million.

“This suit is about upholding a contract and paying your bills, basic good business practices,” said Andrea Durbin, of Pay Now Illinois. “We have delivered services under binding contracts, and now the state needs to pay us. We have delivered – and we continue to deliver – essential services to Illinois’ most vulnerable population of men, women and children as required under our contracts with the state. We are doing our part. We expect the state to do the same.”

In addition to Governor Rauner, other defendants in the suit include: John Baldwin, Acting Director of the Illinois Department of Corrections; Jean Bohnhoff, Director of the Illinois Department of Aging; James Dimas, Secretary of the Illinois Department of Human Services; Michael Hoffman, Acting Director of the Illinois Department of Central Management Services; Felicia Norwood, Director of the Department of Health and Family Services; and, Nirav Shah, Director of the Illinois Department of Public Health. In a detailed timeline of activities surrounding the Illinois budget approval process, the suit makes the case that funds were appropriated to pay the contracts, but the Governor’s action to veto appropriation bills blocked payment to service providers who had signed contracts.

“The Governor vetoed appropriation bills, and then his Administration entered into contracts for those same services,” said Durbin, who is also chief executive officer of Illinois Collaboration on Youth (ICOY), a statewide network of organizations providing services to at-risk youth and their families. “The state agencies have enforced these contracts, and have never suggested suspending or terminating them. They can’t simultaneously have us enter into a contract and perform services and then say there isn’t money to pay for them. The state has been having its cake and eating it too. That is just not good business.”

For more information, please visit paynowillinois.org.

Click here to read the lawsuit.

About Pay Now Illinois: The Pay Now Illinois Coalition is made up of 64 human and social service agencies and companies serving men, women and children throughout the State of Illinois. The members of the coalition provide a broad range of essential services, including healthcare, housing for the homeless, services for senior citizens, sexual abuse counseling, and programs for at-risk youth.www.paynowillinois.org

Contacts

For Pay Now Illinois
Richard Melcher:
O: 312-795-3550 x 102 / C: 847-226-9360
rmelcher@mtconsultants.com
or
Anne Tucker:
O: 312-795-3550 x 101 / C: 312-961-0216
atucker@mtconsultants.com
or
Lis Weiner:
O: 312-252-7360 / C: 312-485-6211
LisWeiner@lisweiner.com

People w/ Disabilities, Home Care Workers protest over State of Illinois Ban on Overtime

WGN9 News CHICAGO on MAY 5, 2016, BY TAHMAN BRADLEY-- 

Day 310 in the state (of Illinois) budget battle and some of those affected are crying foul.

Home care workers and their supporters rallied in the West Loop today.

They're angry over a new overtime ban that took effect Sunday.

Gov Rauner says it's aimed at curbing time sheet abuse.

But home aides say it's hurting the thousands of people with disabilities, who rely on them.

Lawmakers defend the overtime ban, claiming it could save the state millions.

http://wgntv.com/2016/05/05/home-care-workers-protest-over-state-ban-on-overtime/

# YouTube video published by seiuhealthcareilin on May 5, 2016

Home Health Care Union files unfair labor charge against State of Illinois over overtime ban

The union representing 24,000 home health care workers has filed an unfair labor practices complaint against the state for eliminating overtime rules — dubbing it a violation of federal policy and a “bait and switch” that hurts thousands of seniors and people with disabilities.

article by Tina Sfondeles for the Chicago Sun Times | May 6, 2016
Gov. Bruce Rauner’s administration on May 1 eliminated overtime work at time-and-a-half pay for home health care workers. Last week, Rauner called abuse of overtime “a big problem.”

In the midst of stalled contract talks with the union, Rauner has said his administration isn’t trying to drive down wages. He called those claims “misinformation.”

But SEIU Healthcare Illinois says about 9,000 people with disabilities are affected by the rules change. They say Rauner is attempting to strip wages, training and health insurance from caregivers.

The charges filed Thursday with the Illinois Labor Relations Board claims Rauner’s administration “took this action unilaterally and without bargaining in good faith with the union over the decision and its impact upon the affected employees.”

Hours were reduced and capped, making thousands of employee providers unable to work more than 40 hours a week, “in order to avoid paying them overtime wages,” the complaint says.

SEIU claims Rauner “is attempting to strip wages, training and health insurance from caregivers.”

The complaint asks for the restoration of work hours before May 1, and for the state to pay for the lost work at overtime rate of pay.

“In only a few days, we have found that hundreds of people with disabilities who rely on care for their everyday needs have been placed in harm’s way by a policy that has nothing to do with saving taxpayer dollars OR preventing fraud, the governor’s all-of-a-sudden rationale,” SEIU Healthcare Illinois Vice President Terri Harkin said in a statement. “Rauner has used the federal policy in a bait-and-switch that will hurt seniors and people with disabilities, using them as pawns to take away wages, training and health insurance from the people who care for them.

Harkin called the work change “the heartless new Rauner overtime policy.”

In a statement, Rauner spokeswoman Catherine Kelly said the union declined to talk about the overtime issue during contract talks.

“The Department [of Human Services] created this overtime policy to comply with Federal laws following a court case filed by SEIU, and the policy harmonizes the interests of providers, customers, and our taxpayers,” Kelly said. “While we do not have to negotiate with the Union changes in federal law, we offered the Union an opportunity to discuss the overtime issue in the context of the overall contract. The Union declined.”

The labor relation board’s state panel consists of four members appointed by Rauner, although two of them were previously appointed under Democratic governors

http://chicago.suntimes.com/politics/union-files-unfair-labor-charge-against-state-over-overtime-ban/

SEIU overtime complaint

Illinois Budget Crisis leave Burial Services for Poor and Disabled in Question

ANNA, IL.  — Funeral home director Phil Hileman said he’s absorbed thousands of dollars in expenses to provide a proper funeral and burial for people in Anna and surrounding communities since the state hasn’t provided any reimbursements for indigent funerals since July 1, 2015.

article by MOLLY PARKER  for The Southern  Illinoisan |May 3, 2016Many of these people are developmentally disabled and live in community group homes, he said, as there are a number of these Community Integrated Living Arrangement, or CILA homes, in Union County. There are cases where these individuals do not have any family members still living, or who are part of their lives and willing to pay for funeral costs.

Hileman, who is the owner of Rendleman & Hileman Funeral Homes in Anna, Jonesboro, Cobden and Alto Pass, hasn’t turned anyone away, but he said he can’t continue to fund indigent funerals indefinitely. In some cases, he’s also had to advocate for cremation instead of a burial because the former is less costly.

“They have nothing — absolutely nothing,” Hileman said of some of the indigent clients he serves. “The state has taken care of them their entire lives. Many were transferred out of state institutions years ago. We’re challenged when that happens.”

There are a number of community group homes in Union County because of the proximity to Choate Mental Health and Developmental Center.

Hileman said it was a challenge even when the state was providing reimbursements, but what was provided helped offset some of the costs, and various entities worked together to patch together the rest to make sure that people were given the dignity of funeral and burial services.

The state was paying $1,103 for funeral costs, and an additional $552 to secure a cemetery space, and for opening and closing at the grounds, he said. Even on the low end, funerals and cemetery costs can range from $5,000 to $10,000 depending on a person’s wishes. While cremation is less expensive, many people still wish for their remains to be buried at a cemetery below a headstone, he said, allowing a place for the grieving to visit.

Hileman said he performs services for about 30 people annually without any means to pay. Even if someone doesn’t have blood relatives living or involved in their lives, it doesn’t mean they don’t have family who want to pay their final respects, he said.

He said that other residents from the group home and staff attend these funerals — and those people have become their family.

“I always said we’re going to do that, and we’re going to do it as if that person was any other family that calls on us because they deserve that dignity and that right,” Hileman said, adding, “But by the grace of God that’s me.”

And while most were living in group homes, Hileman said there are also some families living in the community whose loved one did not have any insurance coverage for services and burial, and they are without the ability to pay. In cases involving the death of a child, Hileman said he provides those services regardless of one's ability to pay — no questions asked.

According to Marianne Manko, spokeswoman for the Department of Human Services, the agency that oversees the indigent funeral program, the state provided reimbursements for 8,649 funeral services in fiscal year 2014, and 5,652 in fiscal year 2015.

Mary Carey, executive director of the Illinois Funeral Directors Association, said the organization that represents funeral home directors statewide continues to lobby lawmakers to include funding for the program in fiscal year 2017.

“I think everyone deserves a dignified funeral and the funeral homes are having a hard time coming up with that for people. Especially when there’s so many of them,” she said.

But Carey also said her organization has told funeral home directors that the reimbursements into future years, even once a budget is put in place, is not a sure thing.

Funding for the program has been unstable for some time, she said. It was dropped previously for a period of time under former Gov. Pat Quinn, she said, and then reinstated, only to be dropped again by Gov. Bruce Rauner in early 2015. The program was reinstated by Rauner with the restoration of $26 million in social service cuts during the FY2015 budget, but there have been no payouts since the 2016 fiscal year began July 1 without a state budget. The program was not included in the FY2017 budget proposed by Rauner, though no decisions have been finalized.

May marks the beginning of the 11th month the state has been without a budget.

http://thesouthern.com/news/local/anna-funeral-home-director-says-services-for-poor-and-disabled/article_4c6be206-f376-5939-b6b5-772f39c855bf.html

 # TY to all that shared this article, Illinois citizens are paying the price for a non functional state government. 

IMPORTANT Illinois Home Services Program Update for May 1st Enforcement Changes

Our colleagues at Access Living (center of Independent Living) in Chicago, have shared the important updates;
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Dear Access Living friends and allies,

Yesterday, we learned that the State of Illinois plans to move forward with the May 1 enforcement date for the overtime policy for the Home Services Program (HSP). There has been no change to the policy despite suggestions from disability advocates, and the State is now tying possible flexibility to a wage freeze for four years, for all HSP workers, also known as Individual Providers (IPs). Remember, while the Federal government has required that overtime be paid to domestic workers, it is the State that is determining the policy for HSP.

Tying disability rights to an effort to undermine wages for the HSP workers is, in Access Living’s eyes, unacceptable. In an industry where worker turnover is over 60%, we know that a stable workforce is incredibly important to the 27,000 people with disabilities ages 18-59 who use HSP to direct and control their in-home personal care services.  We, along with five other Centers for Independent Living and SEIU HCII, issued a statement at this link to make our position clear: we are being forced into a bait-and-switch.  The AP also carried a story at this link covering the challenges for HSP customers and providers.

As it now stands, the HSP overtime policy with enforcement date of May 1 requires:

•             That every HSP customer have a backup PA on record
•             That HSP IPs work a max of 40 hours per week, unless they work for a customer who got approved for an exception
•             Category A: That HSP customers can approve overtime for their IPs ONLY if they have a) a backup IP on file, b) Being Alone hours on their service plan AND one of the following three items: Exceptional Care Rate, DON score of 70, or court ordered service plan
•             Category B: That ALL HSP customers can have overtime approved for exceptional circumstances, which are currently defined broadly (could include severe weather or other emergencies). However the broad definition does not make it clear that overtime could be approved when IPs must spend extra time dealing with HSP customer health issues, or situations of abuse or neglect. Also, in order to get this approval, the HSP customer must have a backup IP on file.
•             No exceptions for live-in providers (including parents, sibling, etc)

What are the numbers involved? In calendar year 2015, 8,611 HSP customers utilized more than 40 hours per week. 8,488 IPs worked more than 40 hours per week. DRS has reportedly only approved a few hundred HSP customers to allow them to let their IPs do overtime. DRS’ latest numbers reportedly say that about 5,100 HSP customers are eligible for overtime, but actually only a few hundred have done the necessary paperwork to secure overtime approval. This begs the question of whether ALL the HSP customers eligible for overtime approval understand their rights and the process of applying for overtime.

While some may think this fight is all about union issues, the truth is that there’s a lot to worry people with disabilities. The HSP overtime policy presents issues for people with disabilities because:

•             IPs who work more than 40 hours per week, for more than one customer, are being asked to pick which customers to drop hours on, so as to cut back to 40. This is creating cases like that of King Solomon “splitting the baby.” This infringes upon consumer control of whom to hire/fire and for how many hours.
•             Customers who lose their IPs due to the cap must find new IPs, which can create a crisis given that the IP application package can reportedly take up to 4 months for DRS to review before the final processing. There is no guarantee that IPs who must drop the hours can continue working for that customer until the customer finds replacement IPs.
•             In areas of the state with lower numbers of available IPs, customers will have a more difficult time finding replacement or supplementary IPs.
•             Live in providers like parents or siblings are not granted an exception unless their HSP customer qualifies and applies to approve overtime.
•             The hard cap of 40 will be a challenge for IPs who work overtime to help with abuse/neglect or immediate health issues like a dirty diaper. While the State says it will allow some overtime exceptions for emergencies, it’s not clear that there will be exceptions granted for those reasons.
•             DRS maintains that it will solve problems on a case by case basis at the Central Office. However, some customers and IPs have reported difficulty in getting DRS on the phone to discuss problems productively.
•             IPs who work too many instance of unapproved overtime will be dropped from HSP. However, it is unclear how the State will meet the needs of customers whose IPs have been dropped, nor is it clear that the customers will be alerted in advance that their IPs are being dropped, with enough time to find new IPs.
•             The policy contains no language about specifically how customers will be notified of their rights under Olmstead and how this new policy can cause an issue with their right to live in the community.

Ultimately, raising the cap to beyond 40 hours a week will create the least havoc. If the state implemented overtime with no caps, the cost is only $7 million a year. Plus, people with disabilities need to see an exceptions process that is not so rigid, and more robust.  However, we now find ourselves faced with a question of social justice: are disability rights or labor rights more important? The answer for us is that both are important and a well-performing program will respect both. Every state in the nation has been struggling to ensure they have a good overtime policy, some with better success than others.

What if you have concerns? HSP customers with concerns about their ability to comply with the overtime policy should contact their DRS counselors ASAP. You may also contact your local Center for Independent Living for help (see www.incil.org to check the CILs that serve each county). Access Living’s Home and Community Ombudsman Program can also respond to questions or difficulties with this policy and help you advocate if you are an HSP customer; call (312) 640-2152 or ombudsman@accessliving.org. HSP IPs (workers) should contact the SEIU HCII Member Resource Center; see their website here.

If you know someone who is an HSP customer or IP, please help by making sure they are on top of this issue. The overtime policy will continue to be monitored, and we ask people to please communicate where they are having difficulty.

Amber Smock
Director of Advocacy, Access Living

Speak Out For Human Services In Illinois! RALLY in Chicago April 27th

Our colleagues with  Illinois Partners for Human Service shared the following info, PLEASE SHARE!

Dear Illinois Partners,   Wherever you are tomorrow you can participate! Help us share the message that Human Services needs a real budget solution.  Below you will find messaging you can share via Facebook and Twitter.     Attend a rally from 11:00 - 12:00 in front of the Bilandic Building if you can be in Chicago! This is just prior to the House Human Service Appropriations Hearing.                       THIS IS A TIME CHANGE FROM PREVIOUS EMAIL!**   If you are in-person and/or listening to the hearing please engage in social media. Tips and sample posts are below:   Roll Call: Call out advocate groups and individuals by name as they testify. Take Photos: Take and post photos of the crowds present at the hearing. Use Quotes: Post important quotes from elected officials and advocates along with a photo in social media posts.   Be sure to include as many of these addresses below and make sure to include the hashtag         #ILBudgetNow.   Governor Bruce Rauner: @GovRauner Illinois Senate Democrats: @ILSenDems Illinois Senate Republicans: @ILSenateGOP Illinois House Republicans: @ilhousegop                                                 Sample Messages:   TWITTER:   @GovRauner Access Living is testifying - big cuts mean hospital-to-home coordination is suffering. #IlBudgetNow Teen Homelessness Advocate Jeri Linas is testifying - Pass a budget that puts people on the agenda NOW #ILBudgetNow Temporary funding is NOT enough - we need a real budget for human services. #ILBudgetNow @ILSenDems @ILSenateGOP @ilhousegop   FACEBOOK:   Note: posts should accompany an image   (For April 26th) People are hurting. I'm attending the IL Human Services Committee meeting tomorrow to tell legislators to pass a budget NOW #ILBudgetNow Mental Health programs are investments in well-being for our communities. It's time to pass a budget that reflects their value. #ILBudgetNow ** Our rally will be from 11 - 12 and we will be concluding before the start of the Hearing at 12:00pm. Thank you

Chicago ADAPT protests the harmful OT for Personal Care Attendants 2016 guidelines by State of Illinois

Chicago ADAPT, while supportive of Overtime pay for Personal Care Attendants, protests the harmful guidelines proposed by the State of Illinois that will take consumer control of their health and their bodies away from them and put them at risk of institutionalization.

YouTube published by AccessLiving on April 21, 2016

Access Living (center for independent living -cil) in Chicago also shared:

The fact that the budget crisis is being used as an excuse to weaken HSP is unacceptable. This past Monday (Apr 18, 2016), Chicago ADAPT, the Alliance for Community Services and SEIU led an action at the Chicago offices of DHS, as well as the law firm offices of Illinois House Minority Leader Durkin, to highlight the overtime problem and the need for a state budget solution that helps people with disabilities.

How can you help? You should know that there are likely many HSP customers who have gotten the letters about overtime, and yet they may face serious consequences because they will not be in compliance on May 1. Many people get letters from the State, like the overtime letters, and do not understand them due to their disability. Often, people are afraid of change and may simply sit on mail until it is too late. It is really important to get the word out in your community that this policy is going into effect, and to figure out when HSP customers do not understand what is going on.

If you know someone who is in HSP but either does not understand the policy or is not getting help from DHS-DRS, please have them contact the Access Living Home and Community Ombudsmen at (312) 640-2152 or ombudsman@accessliving.org.

# The above information on Chicago ADAPTS efforts, and Access Livings updates were shared by a few people, to all a TY!

Illinois Social Service staffing crisis for essential services are hurting people with disabilities

I was working on a story once about adults with disabilities and, in a day program on the West Side of Chicago, watched a caregiver lovingly cradle the head of a young man and adjust his position in a wheelchair.
wonderful article by Rex Huppke for the Chicago Tribune | April 13, 2016

The man was able to move only his fingers, and even that was a struggle. Without the caregiver he was helpless, though certainly no less a person than anyone else. I thought then, and I think now, that those who care for people with disabilities, the ones who step in to handle the tasks some bodies or minds can't manage, are earth-born angels.

And it turns out we here in Illinois aren't treating those angels fairly. A story in Wednesday's Chicago Tribune by my colleague Vikki Ortiz Healy starts like this:

"Organizations that provide care to people with disabilities are reporting crisis-level shortages of employees needed to feed, bathe and perform other essential tasks for residents in Illinois, a situation that has prompted the closure of some group homes and kept hundreds of families on waiting lists for services."

The average wage for direct support professionals — the people who help people with disabilities in group homes and day service centers — is $9.35 per hour. The story notes that the wages haven't gone up in eight years, "leaving potential applicants in the improving economy to opt for jobs where they can make more money doing less grueling work."

The staffing shortages are leading to the closing of some group homes and the consolidation of residents into other group homes. It's causing parents whose children have been approved for residential services to wait with little hope for openings on the horizon.

The seriousness of a staffing shortage in this arena can't be overstated. I spoke with Tony Paulauski, executive director of advocacy group The Arc of Illinois, and he said: "When staff don't show up, holy cow. People's lives can be in jeopardy. Because of this, there can be medication errors. People aren't able to follow strict dietary requirements. In some cases we're putting health and safety at risk. It's serious stuff."

The benefits of giving people with disabilities the opportunity to live in their communities, as opposed to placing them in state institutions, are enormous. They are closer to family. They have greater opportunities to work and engage in the world around them, to live full and productive lives.

Paulauski told me about Bob Peterson of Naperville, a man in his mid-40s who spent many years in state institutions. He has cerebral palsy and other disabilities. Once Peterson got into a group home, Paulauski said, "his life exploded in a very positive way."

Peterson now does volunteer work, works in a day program in Naperville and hopes to get a job in the community. But none of that is possible without the support services he receives.

The wage issue, as with so much here in Illinois, is tied up in the budget impasse. Bills that would raise the wage for direct support professionals to $15 per hour still need to get through the state Senate and House of Representatives, and then would need support from Gov. Bruce Rauner.

If you're like me and you've spent time in group homes and around people with disabilities, making sure that the people who help them are paid fairly is a no-brainer. People with disabilities deserve as fair a shake at life as anyone, and if we can't provide them with those opportunities, shame on us.

But even if you haven't had a chance to get to know people like Bob Peterson, or have never witnessed the hard but admirable work that direct support professionals do, know this: Supporting people with disabilities and providing them with community living opportunities makes financial sense.

Paulauski said it costs about $60,000 per year to house a person in a Community Integrated Living Arrangement (the technical term for a group home) versus $257,000 per year to put a person with a disability in a state-run institution.

I ask two things of you on this front.
1) Get angry. This is an immediate problem that puts vulnerable people at risk. Contact your local legislators and implore them to address this issue, one that should have been dealt with years ago. An easy way to find your representatives is to go to  www.elections.il.gov/districtlocator/addressfinder.aspx and enter your address.

2) Get happy. Do that by getting out and meeting people with disabilities in your community. Volunteer to help at local organizations. Spend some time with people who we still, sadly, tend to treat as "others." It will change your perspective and show you that the only thing separating us is the ability to do certain things.

And that separation can be bridged only by making sure good people are there to help.

Copyright © 2016, Chicago Tribunehttp://www.chicagotribune.com/news/opinion/huppke/ct-disability-staffing-crisis-huppke-20160413-story.html

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Related Article: Illinois Direct Support Personnel for People with Disabilities Deserve A Raise!

We try and wait a few days after publication before we post articles from news agencies, but due to the urgency in Illinois of funding for many social service agencies, and programs. I decided to post article on the same day of original report. 

If you could contact your Illinois Legislators on your opinion of issues addressed in the article. Also if you have a few extra hours, volunteer for a Social Service Agency, the help is needed. I will be volunteering tomorrow  over in Chicago's westside, 

WHAT WILL YOU DO! - Jim

Overtime Rules for Illinois Home Services Program Threaten Independence of People with Disabilities on May 1st

We received many concerns over the last few weeks on Illinois Home Services Program (HSP) and limit our personal assistants a cap of a 40 hour work week (which accomplishes no overtime pay) from many people and organizations, our colleagues at Access Living, Center for Independent Living in Chicago shared the Action Alert posted below (TY). Please take a few moments to Take Action at the secure links below, Please share this post, and as always TY! Jim at Ability Chicago Info

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Overtime Guidelines in Illinois: Take Action and Share a Story

Take Action

The Illinois Department of Human Services (DHS) is still moving forward with plans to implement and enforce guidelines for the new U.S. Department of Labor (DOL) Overtime Rules. These threaten to weaken the Illinois Home Services Program (HSP) and threaten the independence of people with disabilities in the program. 

DHS intends to begin enforcing these guidelines on May 1, 2016. 

This week, please contact Governor Rauner and DHS Secretary Jim Dimas. Tell them you are concerned that the HSP overtime implementation guidelines threaten the independence of people with disabilities and also threaten personal assistants who work for HSP. Urge the Governor and Secretary Dimas to eliminate the 40-Hour Cap and to institute a no-cap policy. Use this link to send a quick email to them, and use this link to call them up.

Under the new DOL rules, personal assistants in the Illinois Home Services Program who work more than 40 hours a week should be paid time and a half.  Personal assistants also will be paid for travel time.  These new rules could potentially strengthen HSP because overtime is an incentive that will help attract and sustain committed employees.

Yet, Illinois’ proposed implementation guidelines contradict the intent of the overtime rules and could devastate the lives of people that utilize the program.

Click on this link for just one example of a family that would be impacted by the guidelines.

Originally, the guidelines were scheduled to be enforced starting on January 1, 2016. Around the first of the year, the date was changed to March 1, and now the new enforcement date is May 1.

Among other things, the guidelines:

*           Cap the number of hours an individual provider works for one consumer at 35. This will force consumers to have to seek additional providers.

*           Institute a 40-Hour Cap for Individual Providers. This will force personal assistants to reduce their hours, threatening their livelihood

*           Implement unrealistic qualifications for overtime. Customers can only qualify to approve overtime only if they have “Being Alone” hours in their Service Plan and at least one of the three follow additional qualifications: a) a DON score of more than 70, b) an Exceptional Care Rate and/or c) a court ordered service plan. Of the roughly 30,000 customers in the program, only about 1,100 have “Being Alone” hours in their Service Plan.

Again, please contact Governor Rauner and Secretary Dimas this week. Tell them to eliminate the cap on overtime hours and urge them to work with the disability community on a solution that doesn’t threaten Home Services consumers or personal assistants.

One way to have overtime approved is in the case of an “emergency.” Under the new guidelines, Illinois has listed a clear explanation of what justifies an emergency. Yet, Illinois’ interpretation of an emergency does not reflect the reality of the emergencies that people in the Home Services Program have to navigate on a consistent basis.

Over the course of the program, probably hundreds of customers have asked their personal assistants an extra hour or two because of some sort of emergency. The emergencies that customers face on a week to week basis may not fit the State definition of an emergency. 

We’d like to hear your story.  Using this link, please share tell us about a time that a personal assistant worked extra hours for you for reasons that would not be approved under the State proposed definition of “emergency.” Please share your story. With your story, we can continue to build the case for why Illinois needs to eliminate the cap on overtime.

Thank you for your support!