Caro v. Blagojevich, Two Actions to Enjoin the
Unconstitutional and Unlawful Creation & Expansion of
Health Benefits Programs By The Executive
After the Governor failed to get the Legislature to adopt or expand new health programs, he used his line
item veto power to strike approximately $463 million in expenditures the Legislature approved in the
2008 Budget. He then announced he would, by exercises of his "Executive Authority", use the $463
million to fund the programs he wanted but which the Legislature did not approve.
On October 1, 2007, the Governor and the Department of Public Health announced an "expansion" of the
State's Free Breast Cancer Screening Program to ALL uninsured Illinois women regardless of their
personal wealth and assets. On November 7, 2007, the Department of Public Health adopted as an
emergency rule the expansion of the Family Care program from persons within 185% of the Federal
Poverty Level income standard to those up to 400%. The cost to the State is estimated to be between
$43 million (Governor's estimate) to $367 million (Legislature's estimate) this year. The Legislature has
not approved this expansion nor has it appropriated any money for pay for it. As a result a single
parent/caregiver with a household income of approximately $42,000.00 a year or a family of four with
income of approximately $82,000.00 are eligible to obtain state subsidized health insurance under the
new program.
Since only the Legislature may amend a statute, or broaden coverage, the new programs are violations
of the Legislature's exclusive constitutional right to create a new benefits program or expand an existing
one. Also it is not for the Governor or any agency to decide how much to spend on the expanded
coverage. That's a matter for the Legislature. These actions have nothing to do with the merits of these
expanded programs. My concern is to make sure that the Constitution and applicable laws are honored
and obeyed.
item veto power to strike approximately $463 million in expenditures the Legislature approved in the
2008 Budget. He then announced he would, by exercises of his "Executive Authority", use the $463
million to fund the programs he wanted but which the Legislature did not approve.
On October 1, 2007, the Governor and the Department of Public Health announced an "expansion" of the
State's Free Breast Cancer Screening Program to ALL uninsured Illinois women regardless of their
personal wealth and assets. On November 7, 2007, the Department of Public Health adopted as an
emergency rule the expansion of the Family Care program from persons within 185% of the Federal
Poverty Level income standard to those up to 400%. The cost to the State is estimated to be between
$43 million (Governor's estimate) to $367 million (Legislature's estimate) this year. The Legislature has
not approved this expansion nor has it appropriated any money for pay for it. As a result a single
parent/caregiver with a household income of approximately $42,000.00 a year or a family of four with
income of approximately $82,000.00 are eligible to obtain state subsidized health insurance under the
new program.
Since only the Legislature may amend a statute, or broaden coverage, the new programs are violations
of the Legislature's exclusive constitutional right to create a new benefits program or expand an existing
one. Also it is not for the Governor or any agency to decide how much to spend on the expanded
coverage. That's a matter for the Legislature. These actions have nothing to do with the merits of these
expanded programs. My concern is to make sure that the Constitution and applicable laws are honored
and obeyed.
COURT PAPERS: BLAGOJEVICH II - Expanded Family
Care and Free Breast Screening Programs
Care and Free Breast Screening Programs
Commentary:
Illinois Received new Federal CHIP Money on December 19. There is an agreement now between
Congress and the President to extend the CHIP program to March 2009. The crisis for protecting
against a lapse in the Children's Health Insurance Program, CHIP, is over. This, however, does not
affect the expansion of the Family Care Program which the Legislature has not authorized or funded.
Congress and the President to extend the CHIP program to March 2009. The crisis for protecting
against a lapse in the Children's Health Insurance Program, CHIP, is over. This, however, does not
affect the expansion of the Family Care Program which the Legislature has not authorized or funded.
On January 25, 2008, the case was called for a preliminary injunction hearing. Rather than present witnesses, the
Plaintiff, Intervenor-Plaintiffs and the Governor, DPH, HFS and their Directors submitted a stipulation of facts and
documents to be admitted. Plaintiff and Intervenor Plaintiff also file a "Trial Brief." A briefing schedule was agreed
upon and accepted by the Court. The Court set a status conference for Feb. 19, 2008 at 10:30 A.M.
Plaintiff, Intervenor-Plaintiffs and the Governor, DPH, HFS and their Directors submitted a stipulation of facts and
documents to be admitted. Plaintiff and Intervenor Plaintiff also file a "Trial Brief." A briefing schedule was agreed
upon and accepted by the Court. The Court set a status conference for Feb. 19, 2008 at 10:30 A.M.
Preliminary Injunction Reply Pt.1
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JCAR: The Executive objects to JCAR's oversight of its regulations on the ground that it is a violation of
the Constitution's Separation of Powers Provision. So it ignores JCAR's rejection of its new FamilyCare
emergency and permanent regulation. After being admonished by Judge Epstein, the Executive sued to
have the matter resolved. I have noted that the new action should be stayed because the validity of the
regulations will be determined in Caro v. Blagojevich and so the Court won't have to address the issues in
the new action.
the Constitution's Separation of Powers Provision. So it ignores JCAR's rejection of its new FamilyCare
emergency and permanent regulation. After being admonished by Judge Epstein, the Executive sued to
have the matter resolved. I have noted that the new action should be stayed because the validity of the
regulations will be determined in Caro v. Blagojevich and so the Court won't have to address the issues in
the new action.
Judge Epstein questioned whether he needed decide whether there was an emergency to justify the
FamilyCare emergency rule since JCAR ruled on the permanent rule. Pending counsel's response,
the motions are continued to 3/11/08. Our response: Not Moot But Need Not Be Decided
FamilyCare emergency rule since JCAR ruled on the permanent rule. Pending counsel's response,
the motions are continued to 3/11/08. Our response: Not Moot But Need Not Be Decided
Preliminary Injunction granted enjoining FamilyCare expansion, denied re Breast
& Cervical Screening Expansion: Preliminary Injunction Decision & Order
& Cervical Screening Expansion: Preliminary Injunction Decision & Order
Gidwitz moves to intereven and for dismissal of HFS' action: Gidwitz's Intervention
COMMENT: April 23, 2008: Defendants filed a Notice of Appeal. As a result, the above motions
could not be heard. Defendants also moved for a stay of the preliminary injunction pending the
appeal and, alternatively, to order the Plaintiffs to post a $14 million bond as a condition to
keeping the injunction in place. The Judge denied both requests.
could not be heard. Defendants also moved for a stay of the preliminary injunction pending the
appeal and, alternatively, to order the Plaintiffs to post a $14 million bond as a condition to
keeping the injunction in place. The Judge denied both requests.
Motion For Compliance Order As a result of Defendants' failure to comply with the preliminary
injunction by immediately implementing the measures necessary to cease and desist its
unlawful actions, this motion has been filed to be heard Wednesday, April 23, 2008 at 2:00 P.M.
injunction by immediately implementing the measures necessary to cease and desist its
unlawful actions, this motion has been filed to be heard Wednesday, April 23, 2008 at 2:00 P.M.
Defendants'EmergencyMotion
JCAR
On May 12, Judge Epstein granted the Shriver's Center's motion o Intervene and set e next status conference for
Monday May 19, 2008 at 1030 A.M. Itervention Petition
Monday May 19, 2008 at 1030 A.M. Itervention Petition
APPEAL:
Appellate Court denied emergency stay motion today 10/29/08.
Illinois Supreme Court:
Judge Epstein denied Defendants' Emergency Motion to Stay Compliance