Court Ruling Forces Florida To Defend Housing Children With Disabilities In Nursing Homes
A recent federal appeals court ruling will revive a case challenging the state of Florida’s practice of housing child Medicaid beneficiaries with disabilities in nursing homes, rather than in community settings. On September 17, 2019, the federal Eleventh Circuit Court of Appeals ruled that the Department of Justice (DOJ) has authority to sue to enforce Title II of the Americans with Disabilities Act (ADA). The DOJ believes the state’s practice of placing children with disabilities in nursing homes violates the ADA because the state failed to provide services and supports in the most integrated setting appropriate to their . . .