 Coleman on Wednesday ordered the state to submit in writing by noon Friday what
payments it has made, which payments it has not paid and when any outstanding
payments will be made.
The judge also ordered the state to detail all payments it made that may have
affected its ability to meet the deadlines she had previously set.
The hearing in Coleman’s Chicago courtroom Wednesday morning was sought by
advocates for the developmentally disabled. They had filed an emergency motion
arguing the state was not meeting its financial responsibilities despite a
consent decree and two earlier orders issued by Coleman.
“People with developmental disabilities have been needlessly put at risk of
serious harm because of the state’s failure to comply with the judge’s order,”
said attorney Barry Taylor, who is leading the case for the advocates.
“While we are pleased that the state has finally begun to make the mandated
payments, we will not rest until all services for all of our clients have been
paid for by the State,” said Taylor, who is vice president for civil rights
litigation for Equip for Equality, one of the advocates.
Wednesday afternoon, Illinois Comptroller Leslie Geissler Munger issued a
statement saying she appreciated the court’s patience and her office would do
all it can.
“In the absence of a balanced budget for this fiscal year, my office will
continue to work to meet the payment timelines set by the courts despite the
state’s limited resources,” said Munger, R-Lincolnshire.
“To be clear: taxpayers deserve better than government by court order,” Munger
said.
Republican Gov. Bruce Rauner and legislative Democrats, who hold supermajorities
in both chambers of the General Assembly, have been unable to come to an
agreement on a fiscal year 2016 budget.
The state is now nearly 60 days into its fiscal year with the only significant
portion of its budget approved being for primary and secondary education.
By one estimate compiled by Senate Democrats, the state is spending at a pace to
exceed anticipated revenue by about $5 billion.
Coleman did not find state officials in contempt, but she may be
losing patience.
The judge on June 30 issued an order compelling the state to meet
its obligations under the Ligas Consent Decree.
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 With the state not saying when it would meet the terms of the court
order, the plaintiffs sought and received a second order from
Coleman, this one establishing dates by which the state must
perform.
In her Aug. 18 order, Coleman gave the state until Aug. 21 to pay
claims already submitted and until Sept. 4 to pay for or other
services provided in August.
When Aug. 21 came and went without payment, the plaintiffs asked
for an emergency hearing. The state did make $71 million in
emergency payments on Tuesday.
Coleman on Wednesday also set a status hearing for 10 a.m. Tuesday,
Sept. 1.
The advocates argue the need is dire, as many of the service
providers are “completely dependent upon the funding of the state in
order to remain in operation. If the state does not make the
payments required by federal law and the orders entered in this
case, numerous providers will immediately close their doors, and
thousands of individuals with developmental disabilities will not
receive services that are essential to their survival.”
The services provided are necessary for survival, they said.
“Many of these individuals cannot feed, clothe or toilet themselves
or administer critical medication needed on a daily basis,” the
advocates said in their pleadings.
About 10,000 people are beneficiaries of the Ligas decree.
In July 2005, Stanley Ligas and eight other people with
developmental disabilities who resided in large facilities or likely
to be placed in such facilities sued the state’s Department of Human
Services. They had, without success, sought community-based
services.
The resulting consent decree, approved by the court in June 2011,
helped bring Illinois in line with the Americans with Disabilities
Act, which requires people with disabilities be allowed to live in
the “most integrated setting” possible.
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