You need Javascript enabled for this to workFlorida Olmstead Cases, 2009
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Florida Olmstead and Olmstead Related Cases, 2009

May 2009

The Center for PAS has tracked 6 Olmstead related case(s) in Florida.

This information is extracted from the "Olmstead and Olmstead-Related Lawsuits" table in the "Introduction to Olmstead Lawsuits and Olmstead Plans" report published on the center for PAS website.

John/Jane Doe v. Bush et al*

Date filed: 1992

Case status: Closed (Mar 1998)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL13

Case Summary & Links to Further Detailsiii:

Summary Class action about wait listing for ICF/MR services.
Progress Complaint upheld. Court ruled that 'reasonable promptness' requires a state to furnish ICF/MR services promptly once an application has been approved & therefore wait lists violate Medicaid law. Appeal court upheld this ruling

Brown et al v. Bush et al.

Date filed: Jan 19982

Case status: Closed (2006)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL23 23

Case Summary & Links to Further Detailsiii:

Summary Class action alleging unnecessary institutionalization of people with MR/DD.
Progress Settlement. Provides for closure of 2 of the 4 state DD centers by 2010 & funds for a new waiver for people moving to the community.

Wolf Prado-Steiman v. Bush. et al

Date filed: 1998 or 2000

Case status: Closed (Aug 2001)

Primary Target group: MR/DDa

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL33

Case Summary & Links to Further Detailsiii:

Summary Case challenging state policies in operating its HCBS waiver. It was amended to challenge the wait listing of individuals.
Progress Settlement. Provides for expansion of waiver for people with MR/DD.

Dubois et al v. Rhonda Meadows et al

Date filed: Apr. 2003

Case status: Open

Primary Target group: TBI/SCIb

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL43 23

Case Summary & Links to Further Detailsiii:

Summary Class action where plaintiffs had sought but not received community services through Brain or Spinal Cord Injury waiver & state does not have a comprehensive effectively working plan for community integration.
Progress. Settlement talks ongoing

Cummings v. Dept of Community Health

Date filed: Dec, 2003

Case status: Open

Primary Target group: Mental Illness

Case Type (Olmstead e or Related f): Related

Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL518

Case Summary & Links to Further Detailsiii:

Summary Case brought on behalf of 5 residents of a nursing home in the grounds of a state psychiatric facility scheduled for closure. Plaintiffs argue that they have not been assessed for or given the option of community-based alternatives & are instead being transferred to nursing homes.
Progress State filed to dismiss the case.

Long et al v Benson et al

Date filed: Jan, 2008

Case status: Open

Primary Target group: Physical Disability

Case Type (Olmstead e or Related f): Olmstead

Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL6

Case Summary & Links to Further Detailsiii:

Summary Plaintiff brought case to obtain Medicaid coverage for the nursing assistant he requires to stay at home and avoid institutionalization.
Progress Preliminary injunction granted to plaintiff for the provision of necessary Medicaid coverage for plaintiff to stay at home.

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