Parker v. King-Shaw, Jr. & Kearney

(N.D. Fla., J. Hinkle 1999)

We represented an individual who became a quadriplegic after a diving accident and had a medical need for a ventilator to breathe and a personal care attendant. The State’s Medicaid policy only provided the ventilator services and a personal care attendant in a nursing home or hospital, not in a home. We challenged this policy through a preliminary injunction request alleging violations of the federal Medicaid Act and the Americans With Disabilities Act. After a status conference, the parties settled, and the State agreed to provide all needed services in the home. The State subsequently provided the services as part of its Medicaid Home and Community Based Services waiver program for individuals with brain and spinal cord injuries. Co-counsel were Florida Legal Services & Northwest Florida Legal Services.