Tinder v. Ill. Dep't of Pub. Aid

805 N.E.2d 677 (Ill. App. Ct. 2004) ; Clearinghouse Number: 55593

Description

Medicaid-Eligible Disabled Persons with Cerebral Palsy Are Developmentally Disabled Under Illinois Law and Eligible for Residential Treatment Program

Abstract

The Illinois Appellate Court held that under Illinois law Medicaid-eligible disabled persons with cerebral palsy were “developmentally disabled” and eligible for a residential treatment program even if they did not have a mental impairment. Plaintiff had cerebral palsy. He applied for and was denied admission into a Community Integrated Living Arrangement, a residential treatment program promoting independent living and open to the Medicaid-eligible developmentally disabled. The Illinois Department of Human Services found him not “developmentally disabled” because he did not have a significant mental impairment and would not benefit from “active treatment” provided in the living arrangement. The Illinois Department of Public Aid upheld the denial as did the circuit court upon administrative review. On plaintiff’s appeal, the Department of Public Aid argued that plaintiff was not eligible for the living arrangement because only those who could benefit from “active treatment” were eligible and only developmentally disabled individuals with significant mental impairments were candidates for “active treatment.” The appellate court reversed the lower court. The appellate court held that Illinois law did not limit eligibility for the living arrangement to those who could benefit from “active treatment”; the only requirement for admission was a developmental disability; under both Illinois statute and regulation, “developmentally disabled” included, without qualification, those suffering from cerebral palsy; and plaintiff was eligible for the living arrangement.

Additional Information

Attorney Information
Plaintiff-appellant represented by Janet M. Cartwright, Equip for Equality, Inc., 1612 Second Ave., PO Box 3753, Rock Island, IL 61204 (309.786.6868)
Docket Date
2004-02-24 00:00:00+00:00