TALLAHASSEE (CBSMiami/NSF) — A federal judge will hear arguments Sept. 13 about whether a dispute involving disabled children being placed in nursing homes should become a class-action lawsuit.
The case is one of two major lawsuits that allege the state has violated the Americans with Disabilities Act by improperly placing children with complex medical needs in nursing homes.
It was filed in 2012 on behalf of certain children, and attorneys who are seeking “certification” as a class action on behalf of all current and future Mediciaid recipients under age 21 who are in nursing homes or who are “at risk” of being placed in nursing homes.
The state has adamantly denied the allegations in the 2012 lawsuit and in another case filed this year by the U.S. Department of Justice. Attorneys for the state also have fought the possibility of a class action.
U.S. District Judge Robin Rosenbaum will hear arguments about the class-certification issue at the United States Courthouse in Fort Lauderdale.
“The News Service of Florida contributed to this report.”