Guest guest Posted July 27, 2011 Report Share Posted July 27, 2011 FYI. Seems like the 1990's all over again. Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter For your information, Disability Rights Florida has filed a class action lawsuit in the United States District Court for the Northern District of Florida. The Lawsuit Asks a Federal Court to Help Move DD Waiver Waitlist The lawsuit, Dykes et. al v. Dudek et. al, seeks declaratory and injunctive relief on behalf of over 19,000 individuals with developmental disabilities ("DD") who are awaiting DD Medicaid Waiver services. . The lawsuit is on behalf of individuals with DD who, because they are unable to fully care for themselves, require various degrees of care, treatment, and/or habilitation. The lawsuit seeks appropriate DD Medicaid Waiver services such as therapies, day services, behavioral supports, residential placement, and other home and community based services that the plaintiffs and class members need to reside in the most integrated setting possible. Some plaintiffs now reside in private ICF/DDs or nursing homes where they have been restricted to a category of waitlisted people that due to lack of funding, is never expected to move up in priority. Some plaintiffs reside in their families’ homes and have been on the waitlist for over five years. These plaintiffs will not be prioritized for the DD Medicaid Waiver until their caretakers succumb to incapacitation or death Dykes v. Dudek seeks to compel Florida to design and implement a comprehensive effective working plan to enroll plaintiffs and all other people on the waitlist into the DD Medicaid Waiver in a reasonably prompt manner. I will find out more and report back to the Board. Tony Anthone R. Damianakis, Esq. Peacock, Gaffney & Damianakis, P.A. 2348 Sunset Point Road Clearwater, FL 33765 (fax) P.S. For more information immediately, you may contact: Sylvia W. , Director of Legislative and Public Affairs ext 9725 SylviaS@... D. Finchum Board Certified Elder Law Attorney Karol, Hausman, Sosnik & Finchum, LLP 901 Chestnut Street, Suite B Clearwater, FL 33756 tel: fax: www.SpecialNeedsLawyers.com The information contained in this message is legally privileged and confidential material intended only for the individual or entity named above. If you are not the intended and named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this transmission is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone at the above number. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Dept. regulations, we inform you that any U.S. federal tax advice contained in this correspondence (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed under the U.S. IRC or (ii) promoting or recommending any transaction addressed herein. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 27, 2011 Report Share Posted July 27, 2011 I am thrilled that suit has (finally!) been filed by Disability Rights Florida f/k/a Advocacy Center, I hope there will be a similar positive outcome to the Wolf Prado-Steinman vs Jeb Bush case that went all the way to the Court of Appeals in 2000 and resulted in opening the MedWaiver program. To: VSequenzia@...Sent: Wednesday, July 27, 2011 9:31 AMSubject: New Medicaid Waiver Waitlist Lawsuit FYI. Seems like the 1990's all over again. Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter For your information, Disability Rights Florida has filed a class action lawsuit in the United States District Court for the Northern District of Florida. The Lawsuit Asks a Federal Court to Help Move DD Waiver Waitlist The lawsuit, Dykes et. al v. Dudek et. al, seeks declaratory and injunctive relief on behalf of over 19,000 individuals with developmental disabilities ("DD") who are awaiting DD Medicaid Waiver services. . The lawsuit is on behalf of individuals with DD who, because they are unable to fully care for themselves, require various degrees of care, treatment, and/or habilitation. The lawsuit seeks appropriate DD Medicaid Waiver services such as therapies, day services, behavioral supports, residential placement, and other home and community based services that the plaintiffs and class members need to reside in the most integrated setting possible.Some plaintiffs now reside in private ICF/DDs or nursing homes where they have been restricted to a category of waitlisted people that due to lack of funding, is never expected to move up in priority. Some plaintiffs reside in their families’ homes and have been on the waitlist for over five years. These plaintiffs will not be prioritized for the DD Medicaid Waiver until their caretakers succumb to incapacitation or deathDykes v. Dudek seeks to compel Florida to design and implement a comprehensive effective working plan to enroll plaintiffs and all other people on the waitlist into the DD Medicaid Waiver in a reasonably prompt manner. I will find out more and report back to the Board. Tony Anthone R. Damianakis, Esq.Peacock, Gaffney & Damianakis, P.A.2348 Sunset Point RoadClearwater, FL 33765 (fax) P.S. For more information immediately, you may contact: Sylvia W. , Director of Legislative and Public Affairs ext 9725SylviaS@... D. FinchumBoard Certified Elder Law Attorney Karol, Hausman, Sosnik & Finchum, LLP 901 Chestnut Street, Suite B Clearwater, FL 33756 tel: fax: www.SpecialNeedsLawyers.com The information contained in this message is legally privileged and confidential material intended only for the individual or entity named above. If you are not the intended and named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this transmission is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone at the above number. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Dept. regulations, we inform you that any U.S. federal tax advice contained in this correspondence (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed under the U.S. IRC or (ii) promoting or recommending any transaction addressed herein. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 27, 2011 Report Share Posted July 27, 2011 I called them a few months ago and added my daughter. I encourage anyone who has been on the waitlist for years to do the same. Let's keep our fingers crossed that something good comes out of this.... Subject: Re: New Medicaid Waiver Waitlist LawsuitTo: "sList " <sList >Date: Wednesday, July 27, 2011, 11:31 AM I am thrilled that suit has (finally!) been filed by Disability Rights Florida f/k/a Advocacy Center, I hope there will be a similar positive outcome to the Wolf Prado-Steinman vs Jeb Bush case that went all the way to the Court of Appeals in 2000 and resulted in opening the MedWaiver program. To: VSequenzia@...Sent: Wednesday, July 27, 2011 9:31 AMSubject: New Medicaid Waiver Waitlist Lawsuit FYI. Seems like the 1990's all over again. Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter For your information, Disability Rights Florida has filed a class action lawsuit in the United States District Court for the Northern District of Florida. The Lawsuit Asks a Federal Court to Help Move DD Waiver Waitlist The lawsuit, Dykes et. al v. Dudek et. al, seeks declaratory and injunctive relief on behalf of over 19,000 individuals with developmental disabilities ("DD") who are awaiting DD Medicaid Waiver services. . The lawsuit is on behalf of individuals with DD who, because they are unable to fully care for themselves, require various degrees of care, treatment, and/or habilitation. The lawsuit seeks appropriate DD Medicaid Waiver services such as therapies, day services, behavioral supports, residential placement, and other home and community based services that the plaintiffs and class members need to reside in the most integrated setting possible.Some plaintiffs now reside in private ICF/DDs or nursing homes where they have been restricted to a category of waitlisted people that due to lack of funding, is never expected to move up in priority. Some plaintiffs reside in their families’ homes and have been on the waitlist for over five years. These plaintiffs will not be prioritized for the DD Medicaid Waiver until their caretakers succumb to incapacitation or deathDykes v. Dudek seeks to compel Florida to design and implement a comprehensive effective working plan to enroll plaintiffs and all other people on the waitlist into the DD Medicaid Waiver in a reasonably prompt manner. I will find out more and report back to the Board. Tony Anthone R. Damianakis, Esq.Peacock, Gaffney & Damianakis, P.A.2348 Sunset Point RoadClearwater, FL 33765 (fax) P.S. For more information immediately, you may contact: Sylvia W. , Director of Legislative and Public Affairs ext 9725SylviaS@... D. FinchumBoard Certified Elder Law Attorney Karol, Hausman, Sosnik & Finchum, LLP 901 Chestnut Street, Suite B Clearwater, FL 33756 tel: fax: www.SpecialNeedsLawyers.com The information contained in this message is legally privileged and confidential material intended only for the individual or entity named above. If you are not the intended and named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this transmission is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone at the above number. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Dept. regulations, we inform you that any U.S. federal tax advice contained in this correspondence (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed under the U.S. IRC or (ii) promoting or recommending any transaction addressed herein. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 27, 2011 Report Share Posted July 27, 2011 , I hope so too. It is sad that 10 years after the first one, we are even in this position. Governor's office filed to dismiss the case (what a surprise). Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter New Medicaid Waiver Waitlist Lawsuit FYI. Seems like the 1990's all over again. Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter For your information, Disability Rights Florida has filed a class action lawsuit in the United States District Court for the Northern District of Florida. The Lawsuit Asks a Federal Court to Help Move DD Waiver Waitlist The lawsuit, Dykes et. al v. Dudek et. al, seeks declaratory and injunctive relief on behalf of over 19,000 individuals with developmental disabilities ("DD") who are awaiting DD Medicaid Waiver services. . The lawsuit is on behalf of individuals with DD who, because they are unable to fully care for themselves, require various degrees of care, treatment, and/or habilitation. The lawsuit seeks appropriate DD Medicaid Waiver services such as therapies, day services, behavioral supports, residential placement, and other home and community based services that the plaintiffs and class members need to reside in the most integrated setting possible. Some plaintiffs now reside in private ICF/DDs or nursing homes where they have been restricted to a category of waitlisted people that due to lack of funding, is never expected to move up in priority. Some plaintiffs reside in their families’ homes and have been on the waitlist for over five years. These plaintiffs will not be prioritized for the DD Medicaid Waiver until their caretakers succumb to incapacitation or death Dykes v. Dudek seeks to compel Florida to design and implement a comprehensive effective working plan to enroll plaintiffs and all other people on the waitlist into the DD Medicaid Waiver in a reasonably prompt manner. I will find out more and report back to the Board. Tony Anthone R. Damianakis, Esq. Peacock, Gaffney & Damianakis, P.A. 2348 Sunset Point Road Clearwater, FL 33765 (fax) P.S. For more information immediately, you may contact: Sylvia W. , Director of Legislative and Public Affairs ext 9725 SylviaS@... D. Finchum Board Certified Elder Law Attorney Karol, Hausman, Sosnik & Finchum, LLP 901 Chestnut Street, Suite B Clearwater, FL 33756 tel: fax: www.SpecialNeedsLawyers.com The information contained in this message is legally privileged and confidential material intended only for the individual or entity named above. If you are not the intended and named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this transmission is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone at the above number. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Dept. regulations, we inform you that any U.S. federal tax advice contained in this correspondence (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed under the U.S. IRC or (ii) promoting or recommending any transaction addressed herein. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 27, 2011 Report Share Posted July 27, 2011 What is the procedure we follow to include our son/daughter, on the wait list, as a "potential" plaintiff? Is there a specific phone number to call or a website to register? To: sList From: meandmyraingirl@...Date: Wed, 27 Jul 2011 09:43:30 -0700Subject: Re: New Medicaid Waiver Waitlist Lawsuit I called them a few months ago and added my daughter. I encourage anyone who has been on the waitlist for years to do the same. Let's keep our fingers crossed that something good comes out of this.... Subject: Re: New Medicaid Waiver Waitlist LawsuitTo: "sList " <sList >Date: Wednesday, July 27, 2011, 11:31 AM I am thrilled that suit has (finally!) been filed by Disability Rights Florida f/k/a Advocacy Center, I hope there will be a similar positive outcome to the Wolf Prado-Steinman vs Jeb Bush case that went all the way to the Court of Appeals in 2000 and resulted in opening the MedWaiver program. To: VSequenzia@...Sent: Wednesday, July 27, 2011 9:31 AMSubject: New Medicaid Waiver Waitlist Lawsuit FYI. Seems like the 1990's all over again. Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter For your information, Disability Rights Florida has filed a class action lawsuit in the United States District Court for the Northern District of Florida. The Lawsuit Asks a Federal Court to Help Move DD Waiver Waitlist The lawsuit, Dykes et. al v. Dudek et. al, seeks declaratory and injunctive relief on behalf of over 19,000 individuals with developmental disabilities ("DD") who are awaiting DD Medicaid Waiver services. . The lawsuit is on behalf of individuals with DD who, because they are unable to fully care for themselves, require various degrees of care, treatment, and/or habilitation. The lawsuit seeks appropriate DD Medicaid Waiver services such as therapies, day services, behavioral supports, residential placement, and other home and community based services that the plaintiffs and class members need to reside in the most integrated setting possible.Some plaintiffs now reside in private ICF/DDs or nursing homes where they have been restricted to a category of waitlisted people that due to lack of funding, is never expected to move up in priority. Some plaintiffs reside in their families’ homes and have been on the waitlist for over five years. These plaintiffs will not be prioritized for the DD Medicaid Waiver until their caretakers succumb to incapacitation or deathDykes v. Dudek seeks to compel Florida to design and implement a comprehensive effective working plan to enroll plaintiffs and all other people on the waitlist into the DD Medicaid Waiver in a reasonably prompt manner. I will find out more and report back to the Board. Tony Anthone R. Damianakis, Esq.Peacock, Gaffney & Damianakis, P.A.2348 Sunset Point RoadClearwater, FL 33765 (fax) P.S. For more information immediately, you may contact: Sylvia W. , Director of Legislative and Public Affairs ext 9725SylviaS@... D. FinchumBoard Certified Elder Law Attorney Karol, Hausman, Sosnik & Finchum, LLP 901 Chestnut Street, Suite B Clearwater, FL 33756 tel: fax: www.SpecialNeedsLawyers.com The information contained in this message is legally privileged and confidential material intended only for the individual or entity named above. If you are not the intended and named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this transmission is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone at the above number. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Dept. regulations, we inform you that any U.S. federal tax advice contained in this correspondence (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed under the U.S. IRC or (ii) promoting or recommending any transaction addressed herein. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 27, 2011 Report Share Posted July 27, 2011 Contact Disability Rights Florida. The information is at the end of the original email I sent out. Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter New Medicaid Waiver Waitlist Lawsuit FYI. Seems like the 1990's all over again. Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter For your information, Disability Rights Florida has filed a class action lawsuit in the United States District Court for the Northern District of Florida. The Lawsuit Asks a Federal Court to Help Move DD Waiver Waitlist The lawsuit, Dykes et. al v. Dudek et. al, seeks declaratory and injunctive relief on behalf of over 19,000 individuals with developmental disabilities ("DD") who are awaiting DD Medicaid Waiver services. . The lawsuit is on behalf of individuals with DD who, because they are unable to fully care for themselves, require various degrees of care, treatment, and/or habilitation. The lawsuit seeks appropriate DD Medicaid Waiver services such as therapies, day services, behavioral supports, residential placement, and other home and community based services that the plaintiffs and class members need to reside in the most integrated setting possible. Some plaintiffs now reside in private ICF/DDs or nursing homes where they have been restricted to a category of waitlisted people that due to lack of funding, is never expected to move up in priority. Some plaintiffs reside in their families’ homes and have been on the waitlist for over five years. These plaintiffs will not be prioritized for the DD Medicaid Waiver until their caretakers succumb to incapacitation or death Dykes v. Dudek seeks to compel Florida to design and implement a comprehensive effective working plan to enroll plaintiffs and all other people on the waitlist into the DD Medicaid Waiver in a reasonably prompt manner. I will find out more and report back to the Board. Tony Anthone R. Damianakis, Esq. Peacock, Gaffney & Damianakis, P.A. 2348 Sunset Point Road Clearwater, FL 33765 (fax) P.S. For more information immediately, you may contact: Sylvia W. , Director of Legislative and Public Affairs ext 9725 SylviaS@... D. Finchum Board Certified Elder Law Attorney Karol, Hausman, Sosnik & Finchum, LLP 901 Chestnut Street, Suite B Clearwater, FL 33756 tel: fax: www.SpecialNeedsLawyers.com The information contained in this message is legally privileged and confidential material intended only for the individual or entity named above. If you are not the intended and named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this transmission is strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone at the above number. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Dept. regulations, we inform you that any U.S. federal tax advice contained in this correspondence (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed under the U.S. IRC or (ii) promoting or recommending any transaction addressed herein. Quote Link to comment Share on other sites More sharing options...
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