Disabled sue FL in federal court over wait list

[Guest guest]

Disabled sue FL in federal court

By Jim Saunders03/28/11 © Health News Florida

Gov. Rick and two state agencies have been hit with a class-action lawsuit alleging Florida has failed to provide needed services to 19,000 disabled people who are stuck on a waiting list.

An advocacy group and five named plaintiffs --- who have developmental disabilities such as mental retardation and cerebral palsy --- filed the lawsuit last week in U.S. District Court in Tallahassee.

The lawsuit centers on a waiting list for what are known as home- and community-based services, which help disabled people live outside of institutions. The lawsuit contends that the state is violating federal law and that some people have been on the waiting list for more than five years.

"Plaintiffs have been placed on waiting lists for enrollment ... where they languish for years without services, thereby placing them at risk of institutionalization and regression of skills and therapies learned from educational programs,'' said the lawsuit, filed by lawyers for the advocacy group, Disability Rights Florida.

The suit names as defendants , Agency for Health Care Administration Secretary Dudek and interim Agency for Persons with Disabilities director Vaughan.

[Guest guest]

:

Disability Rights Florida is The Advocacy Center.

http://disabilityrightsflorida.org/newsroom/story/class_action_lawsuit_seeks_to_end_waitlist/

Lawsuit is long overdue. Some grim statistics: Over 40% of people found eligible for waiver services are stuck on the frozen wait list. 1500 of them are over the age of 45. In Fiscal year 2006/2007 funding to move people from waitlist to services stopped. Only 10 wait listed individuals that year were offered services. In the 2007/2008 the number was 4 individuals. In 2008/2009, the number was zero. 2009/2010.....zero. 2010 to date....zero. Only crisis cases see funding........and since Jan 2009, not a single crisis individual has been a person on the wait list. What does that tell us about the uncounted!

As of January 1, 2011, the official APD count of waitlisted individuals is 19,460. Of those, over 40 % have been waiting over 5 years......some as long as 11. There is no effective working plan to provide funding for those on the wait list. At what point is "waiting" simply the denial of services? Are we there yet?

Regards,

Lucille

I am not familiar with the advocacy group who's bringing the lawsuit, Disability Rights Florida. I wonder why The Advocacy Center didn't bring suit all this time.

Disabled sue FL in federal court

By Jim Saunders03/28/11 © Health News Florida

Gov. Rick and two state agencies have been hit with a class-action lawsuit alleging Florida has failed to provide needed services to 19,000 disabled people who are stuck on a waiting list.

An advocacy group and five named plaintiffs --- who have developmental disabilities such as mental retardation and cerebral palsy --- filed the lawsuit last week in U.S. District Court in Tallahassee.

The lawsuit centers on a waiting list for what are known as home- and community-based services, which help disabled people live outside of institutions. The lawsuit contends that the state is violating federal law and that some people have been on the waiting list for more than five years.

"Plaintiffs have been placed on waiting lists for enrollment ... where they languish for years without services, thereby placing them at risk of institutionalization and regression of skills and therapies learned from educational programs,'' said the lawsuit, filed by lawyers for the advocacy group, Disability Rights Florida.

The suit names as defendants , Agency for Health Care Administration Secretary Dudek and interim Agency for Persons with Disabilities director Vaughan.

To: sList Sent: Mon, March 28, 2011 3:35:06 PMSubject: Re: Re: Disabled sue FL in federal court over wait list

I would have loved to join in on this one. We've been on the list that long as well, with no hope of receiving any service.

If anyone has any more info on this lawsuit, please share.

Thanks.

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

About time someone is doing sumthing I know I have tried in the past... But got

nowhere this is not fair my son has been on the list since 2000 I hope

something get done about this!

Sent from my MetroPCS Wireless Phone

[Guest guest]

I would have loved to join in on this one. We've been on the list that long as well, with no hope of receiving any service.

If anyone has any more info on this lawsuit, please share.

Thanks.

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

I am not familiar with the advocacy group who's bringing the lawsuit, Disability Rights Florida. I wonder why The Advocacy Center didn't bring suit all this time.Disabled sue FL in federal court

By Jim Saunders03/28/11 © Health News Florida

Gov. Rick

and two state agencies have been hit with a class-action lawsuit alleging Florida has failed to provide needed services to 19,000 disabled people who are stuck on a waiting list.

An advocacy group and five named plaintiffs --- who have developmental disabilities such as mental retardation and cerebral palsy --- filed the lawsuit last week in U.S. District Court in Tallahassee.

The

lawsuit centers on a waiting list for what are known as home- and community-based services, which help disabled people live outside of institutions. The lawsuit contends that the state is violating federal law and that some people have been on the waiting list for more than five years.

"Plaintiffs have been placed on waiting lists

for enrollment ... where they languish for years without services, thereby placing them at risk of institutionalization and regression of skills and therapies learned from educational programs,'' said the lawsuit, filed by lawyers for the advocacy group, Disability Rights Florida.

The suit names as defendants , Agency for Health Care Administration Secretary Dudek and interim Agency for Persons with Disabilities director Vaughan.

To: sList Sent: Mon, March 28, 2011 3:35:06 PMSubject: Re: Re: Disabled sue FL in federal court over wait list

I would have loved to join in on this one. We've been on the list that long as well, with no hope of receiving any service.

If anyone has any more info on this lawsuit, please share.

Thanks.

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

The Advocacy Center for Persons with Disabilities changed their name to Disability Rights Florida. Lawsuit Asks Federal Court to Help Move DD Waiver Waitlist

Thursday, March 24, 2011

Disability Rights Florida has filed a class action lawsuit in the United States District Court for the Northern District of Florida

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.

For more information, please contact:

Sylvia W. , Director of Legislative and Public Affairs ext 9725SylviaS@...

 

I am not familiar with the advocacy group who's bringing the lawsuit, Disability Rights Florida.  I wonder why The Advocacy Center didn't bring suit all this time.

Disabled sue FL in federal court

By Jim Saunders03/28/11 © Health News Florida

Gov. Rick

and two state agencies have been hit with a class-action lawsuit alleging Florida has failed to provide needed services to 19,000 disabled people who are stuck on a waiting list.

An advocacy group and five named plaintiffs --- who have developmental disabilities such as mental retardation and cerebral palsy --- filed the lawsuit last week in U.S. District Court in Tallahassee.

The

lawsuit centers on a waiting list for what are known as home- and community-based services, which help disabled people live outside of institutions. The lawsuit contends that the state is violating federal law and that some people have been on the waiting list for more than five years.

" Plaintiffs have been placed on waiting lists

for enrollment ... where they languish for years without services, thereby placing them at risk of institutionalization and regression of skills and therapies learned from educational programs,'' said the lawsuit, filed by lawyers for the advocacy group, Disability Rights Florida.

The suit names as defendants , Agency for Health Care Administration Secretary Dudek and interim Agency for Persons with Disabilities director Vaughan.

 

To: sList

Sent: Mon, March 28, 2011 3:35:06 PMSubject: Re: Re: Disabled sue FL in federal court over wait list

 

I would have loved to join in on this one.  We've been on the list that long as well, with no hope of receiving any service.

 

If anyone has any more info on this lawsuit, please share.

 

Thanks.

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

 

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone

[Guest guest]

Seriously. We've been waiting for over 6 years. We started at 14,000 and got up to 400, but then nothing... They are only taking homeless families, or those who can't care for the kids any longer. This state is so horrible for families with disabled children. Sara

Subject: Re: Disabled sue FL in federal court over wait listTo: sList Date: Monday, March 28, 2011, 3:04 PM

About time someone is doing sumthing I know I have tried in the past... But got nowhere this is not fair my son has been on the list since 2000 I hope something get done about this! Sent from my MetroPCS Wireless Phone