U.S. District Court Judge Sharon Johnson Coleman on Aug. 18
ordered Illinois to make timely payments for all services, programs
and personnel required under a 2011 consent decree that covered more
than 10,000 Illinois residents with developmental disabilities.
Republican Governor Bruce Rauner and Democrats who control the House
and Senate have been at an impasse over a spending plan for the
fiscal year that began July 1. However, courts have ordered state
money to continue to flow for human services covered under existing
consent decrees and for state payroll.
In their motion, attorneys for the disabled residents said Illinois
failed to pay for expenses incurred in July by an Aug. 21 deadline
set by the judge.
Rich Carter, a spokesman for the Illinois Comptroller's office,
which pays the state's bills, said $71 million in expedited payments
were made on Tuesday and that more bills will be paid "as soon as
agencies submit vouchers and revenue allows."
"We are prepared to explain to the court that we simply do not have
the funds to immediately pay all organizations covered under the
existing order and still meet legally required debt and payroll
payments," Carter said. "But we are prioritizing all payments to the
best of our ability, with precedence being given to those serving
our elderly, children and most vulnerable."
The disabled are not the only ones facing funding problems. Robert
Thieman, executive director of the Illinois Association of Community
Care Program Homecare Providers, told reporters in the state capitol
in Springfield that despite a court order, providers of services for
the elderly have been informed they can submit fiscal 2016 bills but
those bills will not be paid until a budget is enacted.
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Alissandra Calderón, spokeswoman for the Illinois Department on
Aging, said the department lacks the authority to make payments
without a budget, but is "committed to helping seniors throughout
the state and we are dedicated to our cause during this budget
impasse."
About $467 million in annual state funding for human services
programs is covered by court consent decrees, according to Illinois
Senate President John Cullerton's office.
The civil contempt of court motion is aimed at Illinois' comptroller
and two state department heads.
(Reporting by Karen Pierog)
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