Parrales et al. v. Dudek

2015 WL 13373978 (N.D. Fla., J. Hinke, 2015)

Five individuals with disabilities challenged the State’s implementation of the Long-Term Care Medicaid Waiver program by private managed care organizations, which were arbitrarily denying needed services in the community. In a mediated settlement, the State agreed to: 1) adopt rules setting out requirements for coverage of long-term care services; 2) adopt a new assessment procedure that takes into account availability, willingness and ability of voluntary caregivers; 3) change health plan member handbooks to clarify enrollee rights and how to file consumer complaints; 4) train health plans, hearing officers, state staff and others on the new requirements; and 5) implement new monitoring and evaluation to assure quality and sufficiency of services to ensure people can remain safely in the community. This impacted more than 94,000 enrollees in all six health plans providing Florida Medicaid services through the Long-Term Care Program. Co-counsel were Nancy E. Wright & Disability Rights Florida.

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