Nearly a year after issuing a scathing investigative report, the U.S. Justice Department on Monday filed a lawsuit alleging Florida has violated the Americans with Disabilities Act by unnecessarily placing children with disabilities in nursing homes.
The 23-page complaint contends the state should have taken greater steps to provide services to children in their family homes and communities instead of placing them in nursing facilities. It said the Justice Department has tried to negotiate with the state to resolve the issues, but determined that “compliance cannot be achieved through voluntary means.”
“The state discriminates against children and young adults with disabilities by administering and funding its programs and services for these individuals in a manner that has resulted in their prolonged and unnecessary institutionalization in nursing facilities or placed them at risk of such institutionalization in violation” of the Americans with Disabilities Act, said the lawsuit, filed in federal court in South Florida.
But Liz Dudek, Florida Agency for Health Care Administration secretary, said the state has taken steps this year that, in part, led to 31 children being discharged from nursing facilities and others being diverted. Dudek has repeatedly disputed the Justice Department allegations stemming from last year’s investigative report.
The issue centers on children who have costly, complex medical needs and are eligible for Medicaid assistance. As examples, the state last year said many of the children in nursing homes have what are known as tracheostomy tubes to help them breathe, and many others are on ventilators.
The Americans with Disabilities Act, a landmark law that seeks to prevent discrimination against people with disabilities, led to requirements that public agencies “administer services, programs and activities in the most integrated setting appropriate” to the people’s needs.
In the new lawsuit and in the investigative report issued last year, the Justice Department contended the state has failed to meet those requirements and has not provided adequate services and funding to help children live with their families and in their communities. The lawsuit said nearly 200 children are in nursing homes.