TALLAHASSEE, FL – September 22, 2016 – Attorneys George N. Meros, Jr., Andy V. Bardos, Ashley H. Lukis and James Timothy Moore, of GrayRobinson’s Tallahassee law firm office, successfully defended the State of Florida in the recent case brought by the United States.
In 2013, the United States of America, through the Attorney General and Department of Justice ("DOJ"), sued the State of Florida, alleging that Florida improperly placed children with complex medical needs in nursing facilities, or at risk of nursing facility placement. DOJ sought money damages and an injunction against the State of Florida as relief for the claimed violations.
DOJ relied on Title II of the Americans with Disabilities Act ("ADA") as the legal basis for its suit. That law requires states to provide services to eligible children in the most community-integrated setting that the state can reasonably accommodate, consistent with their needs and their parents’ wishes. State-by-state, DOJ has used this legal framework to alter Medicaid delivery systems throughout the country. In some instances, DOJ’s efforts have limited families’ access to needed nursing facility services.
Florida has a robust system for providing services to these children in a fashion that seeks to honor families’ wishes concerning their children’s medical care. Florida is proud of its system and aggressively defended against DOJ’s lawsuit. As part of that defense, Florida argued that DOJ does not have the right to sue under Title II of the ADA and, regardless, that DOJ had not presented evidence to support its claim for damages. The magistrate judge agreed that DOJ had not presented sufficient evidence in support of its claim for money damages and recommended that the claim be dismissed.
On September 20, 2016, Judge William J. Zloch went even further. Judge Zloch determined that the United States does not have a legal right to sue under Title II of the ADA. Private individuals with disabilities are the "intended beneficiaries" of that law, and they are the ones who may sue to enforce it.
Florida is the first state to fight DOJ’s efforts so fervently and successfully. Judge Zloch’s Final Order of Dismissal is the first comprehensive analysis of the United States’ right to sue under Title II of the ADA and the first legal determination that DOJ’s Title II enforcement efforts are an overreach.