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State Information > Florida Olmstead Decision Information> Florida Olmstead and Olmstead Related Cases

Florida Olmstead and Olmstead Related Cases map of Florida

As of January 2005

The Center for PAS has tracked 5 Olmstead related cases in Florida.

This information is extracted from the "Olmstead and Olmstead-Related Lawsuits" table in the "Introduction to Olmstead Lawsuits and Olmstead Plans" report published on the center for PAS website.

John/Jane Doe v. Bush et al (originally filed as Doe v. Chiles et al)*

Date filed: 1992
Case status: Closed (Mar 1998)
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL13
Case Summary & Links to Further Details iii:
Summary Class action about wait listing for ICF/MR services. Progress Complaint upheld. Court ruled that 'reasonable promptness' requires a state to furnish ICF/MR services promptly once an application has been approved & therefore wait lists violate Medicaid law. Appeal court upheld this ruling. Further details [http://laws.findlaw.com/11th/965144man.html]

Brown et al v. Bush et al.

Date filed: Jan 19982
Case status: Open
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL23
Case Summary & Links to Further Details iii:
Summary Class action alleging the unnecessary institutionalization of individuals with MR/DDa. Progress Settlement proposed (includes closure of 2 of the 4 state DD centers by 2010 & funds for a new waiver for people moving into the community) but objections have been raised from groups interested in preserving institutions.

Wolf Prado-Steiman v. Bush. et al

Date filed: 2000
Case status: Closed (Aug 2001)
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL33
Case Summary & Links to Further Details iii:
Summary Case challenging state policies in operating its HCBSc waiver. It was amended to challenge the wait listing of individuals. Progress Settlement. The HCBSc waiver for people with MR/DDaexpanded but new issues arose, including a 'post-Prado' wait list of people not covered by the settlement. A motion citing breach of settlement was filed but rejected (Mar 2004).

Dubois et al v. Rhonda Meadows et al

Date filed: Apr. 2003
Case status: Open
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL43
Case Summary & Links to Further Details iii:
Summary Class action where plaintiffs had sought but not received community services through Brain or Spinal Cord injury HCBSc waiver. Progress Trial scheduled & settlement proposed. Further details [http://www.newswise.com/articles/2003/4/SLC.PIL.html]

Cummings v. Dept of Community Health

Date filed: Dec. 2003
Case status: Open
Primary Target group:
Case Type (Olmstead e or Related f): Related
Reference (on the Olmstead & Olmstead-related Lawsuits table) : FL518
Case Summary & Links to Further Details iii:
Summary Case brought on behalf of 5 residents of a nursing home in the grounds of a state psychiatric facility scheduled for closure. Plaintiffs argue that they have not been assessed for or given the option of, community-based alternatives & are instead being transferred to nursing homes. Progress State filed to dismiss the case.

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