Case: Prado-Steiman v. Bush

0:98-cv-06496 | U.S. District Court for the Southern District of Florida

Filed Date: May 13, 1998

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On May 13, 1998, two individuals with developmental disabilities eligible for services under Florida's Medicaid Home and Community Based Services Waiver Program ("HCBSW") filed this class action lawsuit against various Florida state officials in their official capacities under the American with Disabilities Act, 42 U.S.C. § 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; Title XIX of the Social Security Act, 42 U.S.C. §§ 1396a, et seq., 1396n, et seq., and 42 C.F…

On May 13, 1998, two individuals with developmental disabilities eligible for services under Florida's Medicaid Home and Community Based Services Waiver Program ("HCBSW") filed this class action lawsuit against various Florida state officials in their official capacities under the American with Disabilities Act, 42 U.S.C. § 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; Title XIX of the Social Security Act, 42 U.S.C. §§ 1396a, et seq., 1396n, et seq., and 42 C.F.R. § 431.200; the Due Process Clause; and 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division. The plaintiffs, represented by the Advocacy Center for Persons with Disabilities, asked the Court for declaratory and injunctive relief, alleging that state officials routinely denied or provided without reasonable promptness critical HCBW services for Medicaid-eligible, developmentally-disabled persons based on funding concerns rather than medical necessity concerns.

On July 31, 1998, the plaintiffs amended the complaint, adding four new individual plaintiffs and one institutional plaintiff, the Advocacy Center for Disabled Persons.

On January 19, 1999, the plaintiffs amended their complaint a second time to add, among other things, twelve additional individual plaintiffs and a cause of action to enforce certain sections of the Medicaid Act requiring states participating in Medicaid to provide early and periodic screening, diagnosis, and treatment to eligible persons under the age of 21.

On March 10, 1999, the Court (Judge Wilkie D. Ferguson, Jr.) granted the class certification motion. In response, defendants appealed the order to the 11th Circuit.

On August 11, 2000, the 11th Circuit (Judge Stanley Marcus) vacated the class certification order and remanded the case to the district court.

However, before the issuance of the Circuit Court opinion, on August 1, 2000, the parties filed a joint motion seeking approval of a settlement agreement. According to the Settlement Agreement, the Department of Children and Family Services ("Department") would, among other things, certify all Waiver providers, provide relevant training, create a Quality Assurance System, and incrementally enroll more eligible persons on the Waiver pursuant to the timeline in the Agreement.

On August 9, 2001, the Court (Judge Ferguson) approved the settlement.

On November 1, 2004, the parties reached an agreement regarding attorneys' fees and litigation expenses, according to which, the State of Florida agreed to pay $1.15 million in full settlement of all claims for attorneys' fees and litigation expenses.

On September 7, 2005, the Court (Judge Patricia A. Seitz) ordered the case closed.

Summary Authors

Kunyi Zhang (2/3/2011)

People


Judge(s)

Ferguson, Wilkie D. Jr. (Florida)

Marcus, Stanley (Florida)

Seitz, Patricia A. (Florida)

Attorneys(s) for Plaintiff

Green, James K. (Florida)

Grissom, Hubert A. (Florida)

Lippman, Juliette E (Florida)

Nimkoff, Peter (Florida)

Saideman, Ellen Marjorie (Florida)

Whiteside, Laura L. (Florida)

Attorneys(s) for Defendant

Crist, Charles J. Jr. (Florida)

Judge(s)

Ferguson, Wilkie D. Jr. (Florida)

Marcus, Stanley (Florida)

Seitz, Patricia A. (Florida)

Attorneys(s) for Plaintiff

Green, James K. (Florida)

Grissom, Hubert A. (Florida)

Lippman, Juliette E (Florida)

Nimkoff, Peter (Florida)

Saideman, Ellen Marjorie (Florida)

Whiteside, Laura L. (Florida)

Attorneys(s) for Defendant

Crist, Charles J. Jr. (Florida)

Daniel, Stephanie A. (Florida)

Smith, Chesterfield Jr. (Florida)

York, Thomas B. (Pennsylvania)

Documents in the Clearinghouse

Document

0:98-cv-06496

Docket

Prado−Steiman v. Bush

Sept. 8, 2005

Sept. 8, 2005

Docket
1

0:98-cv-06496

Complaint

Prado−Steiman v. Bush

May 14, 1998

May 14, 1998

Complaint
16

0:98-cv-06496

Amended Complaint

Prado−Steiman v. Bush

Aug. 3, 1998

Aug. 3, 1998

Complaint
117

0:98-cv-06496

Memorandum on Motion for Class Certification

Prado−Steiman v. Bush

March 11, 1999

March 11, 1999

Order/Opinion
180

0:98-cv-06496

Second Amended Complaint

Prado−Steiman v. Bush

Aug. 17, 1999

Aug. 17, 1999

Complaint
255

0:98-cv-06496

Joint Motion for Approval of Settlement Agreement

Prado−Steiman v. Bush

Aug. 1, 2000

Aug. 1, 2000

Pleading / Motion / Brief

99-11034

11th Circuit Opinion

Prado−Steiman v. Bush

U. S. Court of Appeals for the Eleventh Circuit

221 F.3d 1266

Aug. 11, 2000

Aug. 11, 2000

Order/Opinion
339

0:98-cv-06496

Order Approving Settlement Agreement

Prado−Steiman v. Bush

Aug. 9, 2001

Aug. 9, 2001

Order/Opinion
543

0:98-cv-06496

Settlement Agreement on Attorneys Fees and Litigation Expenses

Prado−Steiman v. Bush

Nov. 1, 2004

Nov. 1, 2004

Settlement Agreement
544

0:98-cv-06496

Order Closing Case

Prado−Steiman v. Bush

Sept. 7, 2005

Sept. 7, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 6, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 13, 1998

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a group of people with developmental disabilities who had received Home and Community-Based Waiver Services (HCBWS) or who were eligible to receive HCBWS but were denied the Services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Florida, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1.15 million

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Benefit Source:

Medicaid