Jones v. Department of Public Aid

State: Illinois

Court: 3rd District Appellate

Docket No: 3-05-0550, 3-05-0906

Case Date: 05/01/2007

Preview:Nos. 3-05-0550, 3-05-0906 (consol.) ______________________________________________________________________________ Filed May 1, 2007. IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2007

MICHAEL H. JONES, Plaintiff-Appellee, v.

) ) ) Appeal from the Circuit Court ) for the 14 th Judicial Circuit, ) Whiteside County, Illinois ) ) ) No. 2005-MR-37 ) ) ) Honorable Vicki R. Wright Judge, Presiding

THE DEPARTMENT OF PUBLIC AID n/k/a The IL Department of Healthcare and Family ) Services; BARRY S. MARAM, Director, or His Successor, in His Official Capacity; THE IL DEPARTMENT OF HUMAN SERVICES; and CAROL L.) ADAMS, Secretary, or Her Successor,) in Her Official Capacity,

) ) Defendants-Appellants. ) ______________________________________________________________________________ JUSTICE O'BRIEN delivered the opinion of the court: ______________________________________________________________________________ In 1991, plaintiff Michael Jones suffered a severe spinal cord injury when he was seven years old. Until the time he was 21 years old, Michael received in-home around-the-clock nursing care funded through a Medicaid waiver program administered by the defendant Illinois Department of Healthcare and Family Services (the Department) (formerly known as the Illinois Department of Public Aid) . Michael's eligibility under the Medically Fragile/Technology Dependent (MF/TD) home service program lapsed when he turned 21 years of age. 89 Ill. Adm. Code

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