Judge Says DOJ Lacks Standing Under ADA To Sue Florida Over Placing Children With I/DD In Nursing Homes

On September 20, 2016, a federal district court judge in Florida ruled that the federal Department of Justice (DOJ) lacked standing to sue the Florida Medicaid program for placing children with disabilities in nursing homes. The ruling was on a complaint filed in July 2013, T.H. v. Dudek that in December 2013 was consolidated with a similar private complaint, A.R. v. Dudek. In early 2016, the Florida Agency for Health Care Administration (AHCA) had filed a motion for partial summary judgement, asking the court to block the DOJ from recovering damages.

The complaints alleged . . .