News: Judge Orders Preliminary Injunction Against Blagojevich FamilyCare Program Expansion

Chicago, April 15, 2008 – Cook County Judge James R. Epstein issued a memorandum opinion and order today that preliminarily injoins the operation and expenditure of public funds to Illinois Gov. Rod Blagojevich’s expanded FamilyCare program.

The Court found issuance of the injunction was warranted based simply on the fact that there was no statutory authorization for the program and did not need to reach the additional problems, including constitutional problems, presented by the program.

The case will impact both the Illinois budget process and the State’s healthcare system. The ruling should ease the Medicaid payment problem somewhat, increasing the speed of payments from the federal government and demonstrating that the General Assembly must resolve the issue of healthcare coverage for the uninsured.

Ungaretti & Harris Partners F. Thomas Hecht, Claudette P. Miller and Floyd D. Perkins represent Plaintiff-Interveners Greg Baise and Ron Gidwitz of the Illinois Jobs Coalition.

To read the Chicago Tribune editorial supporting Judge Epstein's decision, please contact the .

Case Background

The Plaintiff Interveners sought declaratory and injunctive relief against the Defendants, the Illinois Department of Healthcare and Family Services, the Illinois Department of Health, the Directors of the two agencies and Illinois State Comptroller Dan Hynes, alleging that their implementation of Gov. Blagojevich’s expanded FamilyCare program – when there has been no legislation passed and no funds appropriated for the new program – is unauthorized and violates the Illinois Constitution. The Governor went ahead with the program’s expansion despite his failure to gain support from both the full Legislature and the Joint Committee on Administrative Rules (JCAR), a legislative panel that reviews administrative rules. Illinois Attorney General Lisa Madigan later intervened in the lawsuit to defend JCAR after the Defendants claimed the panels’ actions were unconstitutional.