[acb-hsp] [acb-l] medicaid waver waiting list triggers law suit

[peter altschul]

Medicaid Waiver Waiting List Triggers Federal Lawsuit

By

Shaun Heasley



March 29, 2011 Text Size

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A federal class action lawsuit is seeking relief for more than 
19,000 Florida residents with developmental disabilities who are 
on a years-long waiting

list for community-based services.



The suit, filed last week, alleges that thousands of individuals 
who are eligible for community-based services through the state’s 
Medicaid program are

instead on a waiting list in violation of the Americans with 
Disabilities Act and other laws.



“Plaintiffs have been placed on waiting lists for enrollment on 
the DD Waivers where they languish for years without services 
thereby placing them at risk

of institutionalization and regression of skills and therapies 
learned from educational programs,” according to the suit filed 
by Disability Rights Florida,

a nonprofit disability rights group that’s representing the 
residents.



Some of the residents identified in the lawsuit currently live in 
nursing homes or other institutional facilities and as a result, 
will never move forward

on the waiting list due to the way the state establishes 
priority.  Others live with family members and are not likely to 
receive Medicaid waiver services

unless their current caretaker dies, the suit alleges.



Lawyers for the residents say they want the state to provide 
therapy, day services, behavioral supports, residential 
placements and other appropriate Medicaid

waiver services so that individuals with developmental 
disabilities can “reside in the most integrated setting 
possible.”



The lawsuit names Florida Gov.  Rick Scott and officials from the 
state’s Agency for Health Care Administration and Agency for 
Persons with Disabilities.

http://www.disabilityscoop.com/2011/03/29/medicaid-waiver-lawsuit
/12716/