Radaszewski v. Maram

ARGUED SEPTEMBER 8, 2003 As a consequence of brain cancer and a stroke that he suffered at the age of 13, Eric Radaszewski requires around-the-clock medical care in order to survive. Until he reached the age of 21, the Illinois Department of Public Aid (""IDPA"" or the ""Department"") provided funding through a Medicaid program for children that enabled Eric to receive 16 hours of private-duty nursing at home each day. After he turned 21, Eric was no longer eligible to participate in that program. Illinois has a separate program providing at-home care for adults who would otherwise have to be cared for in institutions. However, funding under that program is capped at a level that is insufficient to pay for the extent of private-duty nursing that Eric would need in order to remain at home. Consequently, Eric faces the prospect of entering a long-term care facility in order to receive the intensive medical care that he needs. Eric's mother, Donna Radaszewski, filed this suit against the Director of the IDPA (the ""Director"") on Eric's behalf, contending that the IDPA's failure to fully fund athome, private-duty nursing for Eric amounts to disability discrimination in violation of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (the ""Rehabilitation Act""), and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132 (the ""ADA""), in that Illinois is refusing to provide the medical services that Eric requires in order to remain in the most community-integrated setting appropriate for his needs, which is his home. The district court entered judgment on the pleadings in favor of the Director, reasoning that the ADA claim against the Director was barred by the Eleventh Amendment and that the Rehabilitation Act claim failed as a matter of law because in-home nursing care is not a service that Illinois currently provides to any adult individual. We reverse and remand for further proceedings.