Florida Medicaid Faces Two Lawsuits
March 15, 2012
Two lawsuits have been filed against Florida Medicaid for placing disabled children in nursing homes rather than paying for home care, according to court documents.
The lawsuits allege that Florida Medicaid has placed nearly 250 sick and disabled children in nursing care facilities, instead of providing coverage that would allow the children to receive home care. According to documents filed with the court, the plaintiffs are claiming that nearly 3,300 sick children remain at home without the necessary medical care because they do not want to live in a nursing home.
Both lawsuits claim that Florida Medicaid's refusal to pay for home care is in violation the Americans With Disabilities Act and the 1999 U.S. Supreme Court decision Olmstead vs. L.C., mandating that states are required to offer medical care to the mentally disabled in the least restrictive setting available.
Representatives for Florida Medicaid have not commented on the lawsuits.