A group of Illinois families fighting to maintain in-home care for their adult children with disabilities can band together in a class action lawsuit, a federal judge has decided.

The families are suing the Illinois Department of Healthcare and Family Services in an effort to force the state to continue the same level of in-home care for their adult children that they enjoyed growing up. Being allowed to form a group could strengthen the families’ case, which has already attracted support from the Justice Department.

The lawsuit centers on a Medicaid waiver program which allows many children with the most severe disabilities to receive extensive in-home care. But when children turn 21 the level of in-home care they are eligible for is often dramatically reduced because they qualify for nursing homes, which are generally cheaper.

However, parents involved in the suit question the quality of care that a nursing home can provide their children who previously qualified for one-on-one assistance. What’s more, they say their kids have the right to receive care in the community per the Supreme Court’s decision in Olmstead v. L.C., which found that people with disabilities should have the option to live in the community when possible, reports NPR. To read more click here.

Read more stories like this one. Sign up for Disability Scoop's free email newsletter to get the latest developmental disability news sent straight to your inbox.