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Justice Department Files Statement of Interest Regarding Unnecessary Institutionalization Case in Florida
July 7, 2012
T.H. et al. v. Dudek et al., 0:12-cv-60460-WJZ (S.D. Fla. 2012)
On June 28, 2012, the United States filed a Statement of Interest opposing Florida officials’ Motion to Dismiss. The plaintiffs’ complaint alleges that the State of Florida unnecessarily institutionalizes Medicaid-eligible children who are medically fragile in nursing facilities, or places them at risk of institutionalization, by limiting access to medically necessary services in the community, in violation of the ADA, Section 504 of the Rehabilitation Act, and the Early and Periodic Screening, Diagnosis and Treatment (“EPSDT”) provisions of the Medicaid Act. The complaint also alleges that Florida has violated the Pre-Admission Screening and Resident Review (“PASRR”) provisions of the Nursing Home Reform Amendments to the Medicaid Act by failing to fully evaluate children before admitting them to nursing facilities.