London, et al., v. Agwunobi & Johnson

(N.D. Fla., J. Hinkle, 2007)

Individuals with developmental disabilities challenged a new state statutory cap on personal care assistance (PCA) under due process and the Medicaid Act. The Florida Legislature amended the statute to eliminate an outright cap on PCA for adults in community settings. PCA for children was transferred to the state Medicaid program to avoid the Medicaid waiver service limitations and to comply with the Medicaid Act’s mandates under Early Periodic Screening Diagnosis and Treatment. Plaintiffs then voluntarily dismissed the case. Co-counsel were Florida Legal Services, Advocacy Center for Persons with Disabilities (now Disability Rights Florida) & National Health Law Program.