Filed Date: May 13, 1998
Closed Date: 2005
Clearinghouse coding complete
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)
Ferguson, Wilkie D. Jr. (Florida)
Green, James K. (Florida)
Grissom, Hubert A. (Florida)
Crist, Charles J. Jr. (Florida)
Daniel, Stephanie A. (Florida)
Ferguson, Wilkie D. Jr. (Florida)
Marcus, Stanley (Florida)
Seitz, Patricia A. (Florida)
Last updated June 29, 2023, 3:06 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Florida
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
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):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Case Details
Causes of Action:
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):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 1.15 million
Issues
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
Benefit Source: