Malpractice News: Nursing Home Residents File Lawsuit Against Florida Medicaid Program

Malpractice News: A group of Florida Medicaid patients living in nursing homes because of debilitating physical injuries have filed a lawsuit against the state’s Medicaid program. The patients claim they have been discriminated against in terms of being able to live in a residence of their choosing and receive home skilled healthcare. The group has filed a lawsuit seeking class action status on behalf of nearly 8,500 other Florida nursing home patients.

Disabled and elderly patient advocates had hoped the 1999 Supreme Court Olmstead decision would make it easier for disabled patients seeking home healthcare to obtain funding from Medicaid. The Olmstead case centered on the rights of two mentally retarded women who wanted home healthcare services and were refused. The Olmstead ruling stated that the unjustified isolation of disabled patients in institutions was considered discrimination under the Americans with Disabilities Act. The Olmstead decision also required that in cases where a Medicaid patient’s condition is appropriate for home healthcare services, the patient’s wishes should be accommodated.

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