Long et al. v. Benson et al.

Long et al. v. Benson et al., 2008 WL 4571903 (granting preliminary injunction),
2008 WL 4571904 (certifying class) (N.D. Fla., J. Hinkle 2008),
383 Fed. Appx. 930 (11th Cir. 2010) (affirming preliminary injunction).

This statewide class action challenged the State’s lack of services in the community for Medicaid nursing home residents who wanted to live in the community. The claim was under the Americans With Disabilities Act and Section 504 of the Rehabilitation Act, which require states to provide services in the most integrated setting appropriate for the individual. A mediated settlement established a statewide Medicaid nursing home transition program that provides funding for people in nursing homes to receive services in the community. Approximately 8,500 people with disabilities in nursing homes each year want to move into the community with appropriate services. The Legislature authorized $27 million for the transition program in 2009-10, which later was permanently funded. This outcome has saved taxpayers millions of dollars, as it is less expensive to provide services in the community than it is institutions. Co-counsel were Steve Gold, AARP Foundation Litigation & National Health Law Program.