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May 27, 2014

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Legislature's Tax, Spending Battle Previews Rauner-Quinn Clash
From Crain's Chicago Business
Between guns, gays and grass—not to mention pension reform—Illinois lawmakers have faced a lot of tough votes since the last election. Extending the temporary income tax hike may be one too many.
While the tax question has loomed over the General Assembly all year, only House Speaker Michael Madigan's legendary last-minute deal-making abilities are keeping it alive.
Meanwhile, his caucus has soundly rejected a doomsday budget calling for billions of dollars in cuts to grapple with the loss of revenue if income tax rates roll back next year.
Whatever happens with the income tax rate, it's going to be the focal point for a clearly drawn election-year debate over the future of Illinois. Either the state needs higher revenues to provide essential services, reduce property taxes and invest more in education, as Gov. Pat Quinn argues, or taxes and spending are too high for the state's economy to grow, as GOP challenger Bruce Rauner would say.
“In November, we end up with a referendum on the action that was taken, pass or fail,” says Steve Schnorf, a state budget director under Republican Govs. Jim Edgar and George Ryan. “Spending less will impose pain, as will raising taxes. The question is, on whom do you impose the pain?”
The debate comes as candidates of both parties head into a campaign season marked by the state's persistent high unemployment, unpaid bills and unresolved municipal pension issues.
“There's a reason why Illinois is at the bottom of many lists,” says Theresa Mintle, CEO of the Chicagoland Chamber of Commerce.
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May 28, 2014

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State Budget Would Put Off Tough Decisions Until After Election
From the Chicago Tribune
Illinois Democrats on Tuesday rolled out a new state spending plan that puts off many tough decisions until after the November election by relying on a series of time-tested budget tricks.
To make ends meet, at least on paper, lawmakers would bump up how much money they think will come in, borrow from special funds, put off paying bills, lower estimated health care costs and skip putting in money to pay for raises for unionized workers.
The $35.7 billion spending plan — roughly $300 million more than this year’s budget — is a compromise that emerged after lawmakers declined to extend a temporary income tax increase that’s set to start expiring in January but also refused to make deep cuts.
The House approved much of the budget Tuesday with the goal of finishing up before Saturday’s adjournment deadline. As is the case most years at the Capitol, the plans are in flux with final numbers still being ironed out.
Speaker Michael Madigan acknowledged the budget proposal would leave unfinished business and vowed to spend the summer and fall working to get the income tax hike made permanent to provide more money to run state government. The approach also ensures the governor’s race will continue to be framed up by opposite positions on a tax hike Democratic Gov. Pat Quinn and Republican challenger Bruce Rauner have staked out.
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May 29, 2014

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Region To Get Manufacturing Help From Federal Government
From the Chicago Daily Herald
The Chicago area has been designated one of 12 "Manufacturing Communities" by the U.S. Department of Commerce, entitling it to $1.3 billion in future federal funding in such areas as workforce development, officials said.
Cook County led a partnership of more than 20 organizations, cities and counties in applying as the "Chicago Metro Metal Consortium" for the designation.
The program is designed to accelerate the resurgence of manufacturing by supporting the development of long-term economic development strategies to attract private investment and increase exports.
There are more than 3,700 metal and machining firms in the region employing more than 100,000 people and generating $30 billion in annual revenue, officials said in a news release.
"The Chicago Metro Metal Consortium will build on the region's metal and transportation assets to create well-paying jobs while accelerating the resurgence of manufacturing in our area," Cook County Board President Toni Preckwinkle said.
The designation will expand access to federal funding and resources, Sen. Dick Durbin said. The area will receive coordinated support from 11 federal agencies, including a designated liaison at each agency, officials said.
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May 30, 2014

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Illinois Ballot Initiatives May Reach Unprecedented Number
From the Associated Press
Let the voters decide. Whether it’s figuring out if the state should tax millionaires or who should pay for birth control, Illinois voters could see more November ballot questions than they have in decades.
As many as seven ballot measures could be up for consideration, including four proposed to alter Illinois’ constitution and three poll-style questions. Brought by Democrats and Republicans, they’re aimed at boosting voter turnout, which was abysmal during the primary, in a general election that features one of the nation’s most competitive and expensive governor’s races.
Voters groups are gearing up. League of Women Voters of Illinois executive director Mary Schaafsma said so many possibilities raise questions about political motives and could dilute efforts to raise awareness, but it’s a way to motivate voters.
“It’s a way for voters to feel like they have a little bit of empowerment,” she said. “Voters are capricious, and they can change their mind.”
None of the ballot measures — term limits, political redistricting, voters’ rights, crime victims’ rights and minimum wage — are sure things. Some are still emerging as legislators prepare to adjourn this week. Election officials are verifying signatures for petition-driven efforts on political boundaries and term limits while a lawsuit could threaten both plans. Election officials certify ballots in August.
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June 2, 2014

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Illinois 'Amazon Tax' Back From The Dead
From Crain's Chicago Business
Illinois is poised to re-impose sales taxes on some Internet purchases, seven months after the state's so-called Amazon tax was struck down by the Illinois Supreme Court.
Brick-and-mortar retailers hailed the move while online firms expressed dismay.
"It's obviously extremely disappointing," said Brian Littleton, president and CEO of Chicago-based ShareASale.com Inc., a provider of affiliate marketing network software. He said firms that started offering coupons again in Illinois since October's ruling will again be forced to leave the state or shut down.
This time around, he said, it could affect Chicago's Groupon Inc., which started offering coupons last fall. A Groupon official said in an email that "we are indeed looking closely at the implications of the law for our new Freebies business."
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June 3, 2014

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Illinois Term Limits Group Likely Has Enough Signatures For Ballot Question
From the Springfield State Journal-Register
A proposed amendment to the Illinois Constitution to impose term limits on lawmakers apparently has enough valid signatures to appear on the Nov. 4 ballot.
Rupert Borsgmiller, executive director of the State Board of Elections, said Monday that a preliminary review of petitions filed by the Committee for Legislative Reform and Term Limits showed that about 60 percent of the signatures on the petitions are valid.
“The numbers that we project would put them over the minimum amount necessary,” Borgsmiller said.
The committee submitted petitions containing more than 590,000 signatures. The measure needs 298,400 valid signatures to qualify for the ballot. The Board of Elections review of a 5 percent sample of those signatures indicates 333,164 of them are valid.
Borgsmiller said the issue will be presented to the Board of Elections at its June 17 meeting to certify the results.
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June 4, 2014

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Madison County Judge Denies Forum Non Conveniens Motions In Four Cases From Out Of State Asbestos Claimants
From the Madison County Record
Madison County Associate Judge Stephen Stobbs has denied several defendants’ motions to dismiss out of state claimants’ asbestos lawsuits, holding that defendants failed to sufficiently argue that Illinois is inconvenient for all parties involved.
Stobbs adopted plaintiff attorneys’ arguments that defendants failed to prove how Madison County is inconvenient nor why another forum is significantly more convenient. He denied dozens of defendants’ forum non conveniens motions on May 23 in four separate cases filed by attorneys with the Napoli firm.
Stobbs wrote that the defendants did not dispute that Illinois has jurisdiction over the cases, meaning Madison County is a constitutionally appropriate forum for the actions.
Plaintiff Jack Warden, deceased, who had worked in Utah, alleged he was exposed to asbestos-containing products, causing him to develop lung cancer. Warden died from his illness in March 2013.
Seven of the 25 remaining defendants filed motions to dismiss, arguing Utah was the proper location for litigation.
Plaintiff Wilma Munsey-Hunt, deceased, who had lived in Tennessee, alleged she was exposed to the defendants’ asbestos-containing products through her husband, causing her to develop lung cancer. She died from her injuries in May 2013.
Of the 40 remaining defendants in the case, 11 of them filed motions to dismiss, alleging a court in Tennessee would be the more proper venue.
Both cases were set for trial on Dec. 1, 2014, but were re-set for the April 6, 2015, trial docket.
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June 5, 2014

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Report: Illinois Health Insurance Prices Climbing Before New Law
From the Associated Press
A new report finds health insurance prices in Illinois were increasing by about 10 percent or more annually in the three years before President Barack Obama signed the nation's health care law.
The report was released today by the nonpartisan Commonwealth Fund. It is meant to help people gauge whether prices for 2015 climb faster or slower than they did before the health care law.
Those 2015 prices won't be announced for months. Insurers now are submitting their health plans to Illinois regulators.
The new report is based on data collected by the National Opinion Research Center and analyzed by economist Jonathan Gruber. He's a Massachusetts Institute of Technology professor who advised both former Massachusetts Gov. Mitt Romney and Obama on the development of their health care laws.
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June 6, 2014

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Plaintiffs Lawyers Suing GM Assail Internal Report
From the National Law Journal
Plaintiffs lawyers who have sued General Motors Co. over its ignition switch recalls on Thursday criticized the automaker’s internal investigative report as biased and incomplete.
The 315-page report, released on Thursday, concluded that GM failed to identify ignition switch defects—which have been linked to 13 deaths—due to incompetence among its employees, not a cover-up by senior executives. GM fired 15 employees and disciplined five others.
“The ignition switch issue was touched by numerous parties at GM—engineers, investigators, lawyers—but nobody raised the problem to the highest levels of the company,” said CEO Mary Barra, who described the report as “extremely thorough, brutally tough and deeply troubling.”
The report, conducted by former U.S. Attorney Anton Valukas, chairman of Jenner & Block, is GM’s explanation as to why it recalled 2.6 million vehicles for ignition switch problems this year. Documents that GM submitted to Congress indicate the company knew about the defects for the past decade.
Mark Robinson, senior partner of Robinson, Calcagnie, Robinson Shapiro Davis Inc. in Newport Beach, Calif., said the Valukas report, some of which is redacted, is just a start.
“The report today makes us think there’s a lot more questions that we want answered,” he said. “There are a lot of apologies in here, a lot of admissions of wrongdoing, and I commend GM for that, making this public. On the other hand, these admissions are shocking. It makes me wonder what more we’re going to get out of these documents.”
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June 9, 2014

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Tape Recording Snafu Leads To Do-over Court Hearing
From the Associated Press
Call it a mulligan or a do-over.
There will be a rare judicial repeat today of oral arguments in a historically significant case touching on some of the surveillance issues raised by Edward Snowden.
The reason? Staff at the U.S. 7th Circuit Court of Appeals in Chicago failed to turn on a courtroom tape recorder during the initial hearing last week.
The court explained later that U.S. agents had swept the courtroom earlier in the day Wednesday for bugging devises. And the staff assumed — incorrectly — that all recordings were forbidden.
Without the audio recording there was no record of proceedings.
The case has to do with a lower court's ruling to let lawyers for accused terrorist Adel Daoud review secret intelligence-court records. The government wants that ruling reversed.
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June 10, 2014

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With Major Rulings Pending, Supreme Court Enters Homestretch
From the National Law Journal
California Chrome's homestretch run ended Saturday, but the U.S. Supreme Court is just entering its own homestretch with a number of potentially major rulings ahead.
If past is prologue, the justices have three weeks remaining, including this week, to wrap up the October 2013-14 term. They already have added a second day of decisions for this week—Thursday—a popular decision day because all of the justices are in town for their weekly conference. The court is likely to continue to have two or more decision days in the final weeks.
The court issued three decisions on Monday and added no new cases to the docket for next term. The justices have 19 cases still pending decision (counting consolidated cases as one)—and, as is typical for this time of year, they have left to the end some of the highest profile challenges.
Also typical of the final weeks, law firms and law schools are offering up daily their best experts to offer commentary on what the justices have done.
The oldest case of the term is one of the biggest: National Labor Relations Board v. Noel Canning. The justices heard arguments January 13 in what is their first exploration of the meaning and scope of the Constitution's recess appointments clause. The most recently argued case still pending is United States v. Wurie, heard on April 29 and one of two cases involving warrantless searches of cell phones.
Some court watchers predict that decisions in Noel Canning and another potential blockbuster—the religion challenge to the Affordable Care Act: Sebelius v. Hobby Lobby joined with Conestoga Wood v. Sebelius—will arrive on the term's last day.
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June 11, 2014

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AMA Policy Backs Strict E-Cigarette Restrictions
From the Associated Press
The American Medical Association is pledging to use its lobbying power to seek strict limits on electronic cigarettes.
The nation's largest doctors' group agreed on Tuesday to support the Food and Drug Administration's proposed restrictions on buying, packaging and advertising e-cigarettes. Those include a ban on selling to minors and warning labels.
But the AMA also is urging restrictions on e-cigarette flavors like bubble gum and cotton candy that could appeal to kids, along with childproof packaging.
The FDA wants more evidence on e-cigarettes but hasn't ruled out regulations on sweet flavors in addition to its proposals announced in April.
Research on health effects of e-cigarettes is scarce but they use vapor infused with nicotine, which can be addictive.
The AMA's annual meeting is in Chicago.
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June 12, 2014

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Quinn Calls Rauner A 'Saboteur' On Pension Fixes
From the Chicago Tribune
Gov. Pat Quinn on Wednesday labeled his Republican opponent Bruce Rauner a “saboteur” who worked to block overhauls of state and city government worker pension systems but failed to present his own solutions.
The Democratic governor’s comments came two days after he signed into law Mayor Rahm Emanuel’s partial fix for City Hall pension systems that would cut benefits and raise retirement ages for some workers.
Rauner has argued that Quinn’s signature will lead to a city property tax hike after the mayor said that’s how he’d seek to pay for the increased city contributions required under the bill. But after Quinn signed the measure, Emanuel said he will not push for a property tax increase to make the payment this year and vowed to look for other ways to find the money moving forward.
Quinn said he was “happy” the mayor has agreed to look elsewhere other than property taxes. The governor has campaigned on lowering them, but his proposal went nowhere in the spring session.
“There’s always going to be people on the sidelines shooting at reforms,” Quinn said of Rauner. “He tried to sabotage the state pension reform, he tried to sabotage the city pension reform. The people in Illinois don’t want saboteurs.”
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June 13, 2014

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Illinois Health Campaign Among Nation’s Costliest
From the Associated Press
President Barack Obama's home state agreed to spend $33 million in federal money promoting his health care law, hiring a high-priced public relations firm for work that initially was mocked and spending far more per enrollee on television ads than any other large state.
After getting a late start and facing intense pressure to avoid more embarrassment for the much-maligned law, Illinois officials last summer inked the most lavish contract in the history of FleishmanHillard's Chicago office. The goal was getting uninsured residents to sign up for coverage.
More than 90 people, including executives from the firm and its subcontractors, billed at least $270 an hour for salary and overhead during the first four months.
The hourly amount far exceeded the contracts other states signed for similar work. Colorado paid its ad agency $120 per hour, for example. In Connecticut, a similar contract had rates topping out at $175 an hour.
The Associated Press, using open records requests, obtained hundreds of pages of contracts, bills, plans and heavily redacted emails between the marketing team and state officials. Together, they raise questions about whether the state did enough to keep federal taxpayer costs under control.
The hourly rates are "absolutely excessive," said state Rep. Darlene Senger, a Naperville Republican who is running for Congress.
"That is more than you would pay a top surgeon," Senger said. "They knew this had to be done years in advance, and they did everything last minute."
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June 16, 2014

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Illinois Case Among 17 Supreme Court Has To Decide By June's End
From the Associated Press
It's crunch time at the Supreme Court, where the justices are racing to issue opinions in 17 cases, including union fees for Illinois health care workers, over the next two weeks.
The religious rights of corporations, the speech rights of abortion protesters and the privacy rights of people under arrest are among the significant issues that are so far unresolved.
Summer travel, European teaching gigs and relaxation beckon, but only after the court hands down decisions in all the cases it has heard since October.
In rare instances, the justices will put off decisions and order a case to be argued again in the next term.
This is also the time of the year when a justice could announce a retirement. But the oldest of the justices, 81-year-old Ruth Bader Ginsburg, has signaled she will serve at least one more year, and maybe longer.
The justices will meet Monday and again on Thursday to issue opinions, and could wind up their work by the end of the month.
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June 17, 2014

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Biz Group Plots Koch-style Political Spending Blitz
From Crain's Chicago Business
Top Illinois business officials have formed an "independent expenditure" group that intends to spend millions of dollars this fall backing General Assembly candidates who favor pension and budget reform and more charter schools.
Exploiting the latest court-ordered changes in campaign finance law, Together Illinois intends to spend money directly helping its political friends in the Legislature and working against its foes, said Tyrone Fahner, one of the founders of the new group and current head of the Commercial Club of Chicago and its politically active Civic Committee.
The spending cannot legally be coordinated with campaign decisions made by legislative leaders and individual candidates. But such groups have few limits on how much money they can raise or spend and have been extremely effective nationally as well as in Illinois, where such spending helped state Sen. Kirk Dillard almost unseat Bruce Rauner in the March GOP gubernatorial primary.
Paperwork forming the new group was filed late June 13 in Springfield. It lists as its chairman Bert Miller, who received major business backing in a recent bid for Congress in the west suburban 11th District. The treasurer is Ron Gidwitz, a star fundraiser for decades in Illinois who also serves as Mr. Rauner's campaign chairman.
Neither Mr. Gidwitz nor Mr. Miller returned phone calls seeking comment. But among others known to be involved in the new group is Illinois Manufacturers Association chief Greg Baise, another veteran campaign finance activist.
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June 18, 2014

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Illinois Election Officials Vote On 2 Ballot Items
From the Associated Press
A measure calling for lawmaker term limits is all but ready for the November ballot, elections officials decided Tuesday as they also reluctantly agreed to give backers of an initiative changing how Illinois draws political boundaries more time to validate signatures.
Both could appear on one of Illinois' heftiest ballots in state history with up to seven possible initiatives before voters — four constitutional amendments and three poll-style questions — along with one of the most competitive governor's races nationwide. However, the fate of the map and term limits measures face other hurdles, with a lawsuit expected to unfold this week and allegations that the process has been laden with politics.
The Illinois State Board of Elections ruled that the "Committee for Legislative Reform and Term Limits," led by Republican gubernatorial candidate Bruce Rauner, had enough valid signatures based off a sample size, though there's still time to file objections. The board was less certain about efforts by the "Yes for Independent Maps" group, saying the signature gathering was "a mess" and didn't meet deadlines.
"They didn't start soon enough. When they did get started, they didn't really work hard enough," board chairman Jesse Smart, who voted in favor of allowing more time, told reporters. "Yet they keep running back here wanting more days, more time, more time. We've been very fair with them, but they've not portrayed we've been fair to them."
The map group's members have said the process smells of politics in a Democratic-leaning state where some top members of the party oppose the plans to impose two terms on legislators and shift the mapmaking process from lawmakers to an independent commission. Board members dismissed those allegations.
The claim didn't crop up during the meeting, which bordered on rowdy at times with intense questioning from the board and cheers from roughly 100 supporters watching. An attorney for the map group said the citizen-driven effort was new to the rules and election officials rushed the process and didn't communicate clearly.
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June 19, 2014

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Feds Released Wrong Info On New Airport Flight Paths
From the Chicago Sun-Times
Federal officials released incorrect and incomplete information about how new O’Hare International Airport flight paths would affect residents during a legally required period of public comment, the Chicago Sun-Times has found.
Nearly three-quarters of the figures in one key table — on the now-contentious issue of what percentage of traffic each runway will carry — were quietly changed online months after public hearings ended, the Sun-Times discovered.
Some changes doubled, tripled and even quadrupled the percentage of flights the runways were predicted to direct over Bensenville, Wood Dale, the city’s 41st Ward and Schiller Park by the time the $8 billion O’Hare Modernization Program is completed.
In addition, the Sun-Times found that the Federal Aviation Administration had the figures to calculate the actual number of flights each runway would carry but never produced those numbers at the legally required public hearings in 2005 on its draft environmental impact study of the project.
During those hearings, the FAA did display a map of areas it predicted were due for more noise, but critics called it “misleading.’’ An FAA spokesman said it was very clear.
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June 20, 2014

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Working For Less, Or Not Working: Illinois Job Gains Weak
From Crain's Chicago Business
Illinois unemployment was down to 7.5 percent in May, but Cook County and Illinois in general continue to lag the nation in job growth and wages, according to a comprehensive census report.
Based on preliminary data, the state's unemployment rate dropped from 7.9 percent in April, the third consecutive monthly decline and the lowest it's been since November 2008, the Illinois Department of Employment Security announced today.
But a new census report also released today said that Cook County gained only 27,500 jobs, an increase of 1.1 percent, between December 2012 and December 2013, which was the smallest increase among the 10 largest counties.
By comparison, statewide employment was up 1.0 percent during that time and jobs grew 1.8 percent nationwide.
Unlike other federal jobs data based on monthly surveys of selected workplaces or partial unemployment insurance records, the Quarterly Census of Employment and Wages is a benchmark report covering all employers at the county level.
Illinois also had two counties with the biggest job losses in percentage terms last year. Downstate St. Clair County lost 3.1 percent of its jobs and Peoria County lost 2.2 percent, tied with a county in New York for the second-worst job loss in the nation.
Last year, Peoria's Caterpillar Inc. was retrenching amid a global mining slump, forcing thousands of layoffs at home and elsewhere, while St. Clair County saw completion of construction of the massive Prairie State Energy Campus, which includes a coal mine and a coal-fired power plant.
Those counties' job losses “wouldn't be anything structural,” an IDES spokesman said.
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June 23, 2014

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Obamacare Leaves Illinois Nursing Homes Waiting For Millions Of Dollars
From Crain's Chicago Business
The massive expansion of Medicaid under Obamacare had an unintended consequence in Illinois, leaving nursing homes in the lurch as the state sits on a mountain of unpaid bills.
The state doesn't know how much it owes nursing homes and other long-term care facilities, some of which have gone a year or more without getting paid. But the figure is likely in the hundreds of millions of dollars.
About $129 million that's owed has been approved and is waiting to be paid by the Illinois Comptroller's Office. Another estimated $185 million in bills is being processed at the Illinois Department of Healthcare and Family Services, which oversees Medicaid.
But the total amount likely is much higher due to a backlog of pending applications still making their way through the system. There are about 1,100 long-term care providers in Illinois.
People who qualify for Medicaid and need long-term care must undergo a more stringent review than typical enrollees. But the state doesn't have enough caseworkers—or the money to hire more—to get the job done in a timely manner, particularly as it also is dealing with a crush of 359,000 people who joined the Medicaid rolls due to Obamacare.
That's left nursing homes on the hook as they let residents with pending applications live in their facilities essentially at no charge and hope that the backlog eases.
“There's no question it's going to be a challenge,” says Pat Comstock, executive director of the Health Care Council of Illinois, a nursing home lobbying group.
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