O.B. v. Norwood

Federal 7th Circuit Court
Civil Court
Medicaid Act
Citation
Case Number: 
No. 16-2049
Decision Date: 
September 23, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in affirming Dist. Ct.’s order granting plaintiffs’ request for preliminary injunction in action alleging that defendant-state agency violated Medicaid statute by failing to arrange for any in-home nursing care for which it had previously qualified plaintiffs to receive. Record showed that plaintiffs took up to one year to secure adequate home nursing care after they were told that they qualified for such care, and that plaintiffs stayed in hospital setting until such care could be arranged. Ct. rejected defendant’s argument that its only responsibility was to pay for such care and not to arrange for it. Moreover, record supported likelihood that plaintiffs would prevail on merits of case, where: (1) defendant failed to provide evidence that any alternatives to home nursing care were adequate to meet plaintiff’s needs; and (2) term “medical assistance” in relevant statute directed State to provide and arrange for corrective treatment. Ct. further noted that State was in anomalous position of not helping parents obtain home nursing care at $19,178 per month and yet paying $78,000 per month for hospitalization of plaintiffs for time period plaintiffs’ parents were unable to secure home heath care.