St. Clair County judge orders state to pay health insurance costs for home health workers

A labor union representing home health care workers in Illinois has won a temporary restraining order from a St. Clair County judge, forcing the state to pay health insurance costs.

SEIU Healthcare Illinois filed legal action earlier this month in St. Clair County seeking a temporary restraining order against Gov. Bruce Rauner and Comptroller Leslie Munger.

The union contends they have refused to pay the government’s portion of health insurance costs despite a contractual obligation. It says the state owes $1.5 million from last year and $11.8 million since July. The union says if the state doesn't pay up, the workers will lose all health insurance after Dec. 31.

Circuit Judge Robert LeChien wrote in his order, issued Wednesday, that he has a duty to step in while the legislature and governor are unable to reach a budget compromise.

“This lack of ability of the governor and General Assembly to perform duties makes essential services and assistance headed for a chaotic bust,” LeChien wrote.

He added that the “fiddle-while-burning posture of the other branches of state government provokes the judicial branch to act to preserve the status quo because it is necessary for the state to secure the financial stability of the SEIU Health Fund for 2015 and 2016.”

Rauner spokeswoman Catherine Kelly has said there’s no spending authority to make the payments because of the months-long budget stalemate.

LeChien ordered the state to “take all necessary steps to effect within 10 days to see that the SEIU Health Fund is made whole for all contributions owed, specifically including the payment for fiscal year 2015 underage and payment of all amounts owed for the months of July, August, September, October 2015.

The order also requires the state to “take all necessary steps to effect the continuing monthly payments to the SEIU Health Fund on an ongoing basis.”

The issue affects nearly 5,000 personal health care assistants who make as little as $15,000 a year.

This story was originally published November 30, 2015 at 1:52 PM with the headline "St. Clair County judge orders state to pay health insurance costs for home health workers."