Florida APD agrees to reinstate iBudgets and issue new notices to about 9,000 individuals Roddie Moreland has an intellectual disability and significant other medical conditions, including epilepsy, that require 24 hour supervision and care to ensure his health and safety. To allow him to live in the community with his family instead of in an institution, Mr. Moreland receives Medicaid waiver services for persons with Developmental Disabilities, a program administered by the Agency for Persons with Disabilities (APD). On June 1, 2012, Mr. Moreland received a letter from APD stating that he was going to receive a $15,000 cut to his benefits. APD gave no explanation for its decision to cut his benefits by this amount. Mr. Moreland was not alone; more than 9,000 Medicaid waiver clients received similar notices that their benefits were going to be reduced without an adequate explanation. Mr. Moreland, and nine other individuals, sued APD based on the inadequate notices for violations of their due process rights under the Fourteenth Amendment of the U.S. Constitution and the federal Medicaid Act. SLC, in cooperation with private disability rights attorney Nancy E. Wright, obtained a preliminary injunction against APD. After two oral arguments and a 10 hour evidentiary hearing, the Honorable Mark Walker, U.S. District Court Judge for the Northern District of Florida, found the notices were inadequate and ordered the agency not to reduce Plaintiffs’ benefits until it provided adequate notice. After a 14 hour mediation, the parties reached a settlement agreement that includes the following policy changes: reinstatement of all benefits for clients whose benefits were reduced based on the notices; APD will send a new notice to a settlement class of 9,000 people; the parties agreed to language for a new notice so that people understand why they are receiving reductions in benefits and know whether to request a hearing; APD agreed to send notices to the clients and to their guardian advocates or other legal representatives and in their primary language. The Court preliminarily approved the settlement on October 3, 2013. A fair hearing is scheduled for November 13. Visit southernlegal.org to read the Settlement Agreement and Notice of Proposed Class Action Settlement.
Posted on: Sat, 05 Oct 2013 09:10:55 +0000
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