by:  Diane Benjamin

A Class Action lawsuit against the State of Illinois is making it’s way through the courts.  It involves the severely disabled who, under the Medicaid program, are receiving in-home skilled nursing care.  In 2010 this program served 627 children.

According to the State, when these children turn 21, they no longer qualify for in-home skilled nursing.  The only alternative is institutionalization.  A link to the case is provided below.

The issue is much more personal than that.  Do the severely disabled deserve to be taken from their home and forced to live in a nursing home or institution just because they turn 21?  Where will they receive the best care?  Where will care be the least expensive?  What is the “social contract” with life that doesn’t conform to the “norm”?

Care either way is expensive and taxpayers pick up the tab.

In Illinois, the courts will decide if the most vulnerable among us should be locked away, just because they turn 21.

Hampe v. Hamos – Summary Judgment Ruling