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JONES v. DEPARTMENT OF PUBLIC AID

Nos. 3-05-0550, 3-05-0906.

867 N.E.2d 563 (2007)

Michael H. JONES, Plaintiff-Appellee, v. 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.

Appellate Court of Illinois, Third District.

May 1, 2007.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Mary E. Welsh, Assistant Attorney General (argued), Chicago, for Carol L. Adams, Illinois Department of Human Services, Illinois Department of Public Aid, and Barry S. Maram.

Janet M. Cartwright (argued), Steven W. Giebelhausen, Equip for Equality, Inc., Rock Island, for Michael H. Jones.

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...

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