Judge blocks part of Blagojevich health care expansion

SPRINGFIELD -- A Cook County judge blocked part of Gov. Rod Blagojevich's health care expansion, adding another chapter in his battle with state lawmakers over who has the final say on such moves.

But while Cook County Judge James Epstein on Tuesday issued a temporary injunction barring the administration from further implementing an expansion of the FamilyCare health insurance program, he refused to block an expansion of a breast and cervical cancer screening program.

Blagojevich's office said it was delighted by the cancer screening ruling and encouraged that expanded FamilyCare coverage could be preserved.

"The judge's decision is mostly good news," Blagojevich said at a news conference in Chicago.

The ruling came in lawsuits filed late last year by two business groups and a suburban lawyer that were later merged. Another lawsuit over the governor's expansion power is pending in Cook County.

Blagojevich tried and failed to persuade both the full Legislature and a legislative panel that reviews administrative rules to support the health care expansions. He then moved ahead with growing the programs anyway.

The business groups and lawyer sued, saying he overstepped his authority.

Epstein ruled the administration went too far under state law to expand FamilyCare, which serves people who can't afford private insurance, and could jeopardize federal Medicaid money by doing it improperly.

"The harm alleged is irreparable and inadequate at law because it would be impracticable for the state to recoup the costs expended for the benefit of the FamilyCare program," Epstein wrote.

He determined the arguments by the groups suing the governor warrant blocking the expansion temporarily until a trial can be held on both sides' arguments. Another hearing is set for May 1.

One of the business group leaders said the ruling should send a clear message to Blagojevich that the Legislature must make these decisions.

"Two branches of government have rebuffed the governor on this issue," said Greg Baise, president of the Illinois Manufacturers Association. "How much louder does the message have to get?"

The administration said at a legislative hearing in late February that about 3,300 people have signed up for FamilyCare since December. That coverage is in limbo for now.

"It's been a cruel hoax perpetrated by this governor on those individuals," Baise said.

The FamilyCare ruling simply requires that people enrolled must work or seek work, Blagojevich spokeswoman Abby Ottenhoff said.

"We believe most, if not all, enrollees currently meet this requirement," Ottenhoff said. "We intend to address the issue raised by the court so we can continue to protect health coverage for people in FamilyCare."