News Details

New Lawsuit About The Medicaid Waiver

Disability Rights Florida, Southern Legal Counsel and I have filed an ADA action against AHCA on behalf of 5 plaintiffs enrolled in the new managed care Long-Term Care waiver program. This rolled out in 2014 and includes enrollees in the Aged and Disabled Adult Waiver and four more waivers that were exclusively for the elderly. The total enrollment is about 36,000.

The Miami Herald just published an article today on the lead plaintiff, Adriana Parrales. It's worth reading if only because Adriana is one of the most courageous people I've ever met. (I'm told it's on the front page!):

This lawsuit deals with the portion of LTC Program that involves home and community-based services - not nursing home care. We are concerned that enrollees in this program are not getting sufficient services to keep them healthy and safe at home and prevent their institutionalization. As an example, the managed care organizations are determining the level of services without regard to the caregiver's physical limitations or even the hours the caregiver must work. We are also finding that the "care planning" process is often perfunctory, with little input or understanding by the client. Even worse, people are being told that they need "too much care" to live at home and must move to an ALF (which many can't do because of the expense) or a nursing home.

If you have any current clients impacted by this program, please give me a call or email me. If you start getting calls about this, please refer them to Disability Rights Florida. They can either do an online intake at or call
Nancy E. Wright, Attorney at Law
Medicaid & Special Education for Persons with Disabilities