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Case Name Prado-Steiman v. Bush PB-FL-0002
Docket / Court 0:98-cv-06496 ( S.D. Fla. )
State/Territory Florida
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Case Summary
On May 13, 1998, two individuals with developmental disabilities eligible for services under Florida's Medicaid Home and Community Based Services Waiver Program ("HCBSW") filed this class action lawsuit against various Florida state officials in their official capacities under the American with ... read more >
On May 13, 1998, two individuals with developmental disabilities eligible for services under Florida's Medicaid Home and Community Based Services Waiver Program ("HCBSW") filed this class action lawsuit against various Florida state officials in their official capacities under the American with Disabilities Act, 42 U.S.C. § 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; Title XIX of the Social Security Act, 42 U.S.C. §§ 1396a, et seq., 1396n, et seq., and 42 C.F.R. § 431.200; the Due Process Clause; and 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division. The plaintiffs, represented by the Advocacy Center for Persons with Disabilities, asked the Court for declaratory and injunctive relief, alleging that state officials routinely denied or provided without reasonable promptness critical HCBW services for Medicaid-eligible, developmentally-disabled persons based on funding concerns rather than medical necessity concerns.

On July 31, 1998, the plaintiffs amended the complaint, adding four new individual plaintiffs and one institutional plaintiff, the Advocacy Center for Disabled Persons.

On January 19, 1999, the plaintiffs amended their complaint a second time to add, among other things, twelve additional individual plaintiffs and a cause of action to enforce certain sections of the Medicaid Act requiring states participating in Medicaid to provide early and periodic screening, diagnosis, and treatment to eligible persons under the age of 21.

On March 10, 1999, the Court (Judge Wilkie D. Ferguson, Jr.) granted the class certification motion. In response, defendants appealed the order to the 11th Circuit.

On August 11, 2000, the 11th Circuit (Judge Stanley Marcus) vacated the class certification order and remanded the case to the district court.

However, before the issuance of the Circuit Court opinion, on August 1, 2000, the parties filed a joint motion seeking approval of a settlement agreement. According to the Settlement Agreement, the Department of Children and Family Services ("Department") would, among other things, certify all Waiver providers, provide relevant training, create a Quality Assurance System, and incrementally enroll more eligible persons on the Waiver pursuant to the timeline in the Agreement.

On August 9, 2001, the Court (Judge Ferguson) approved the settlement.

On November 1, 2004, the parties reached an agreement regarding attorneys' fees and litigation expenses, according to which, the State of Florida agreed to pay $1.15 million in full settlement of all claims for attorneys' fees and litigation expenses.

On September 7, 2005, the Court (Judge Patricia A. Seitz) ordered the case closed.

Kunyi Zhang - 02/03/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
Plaintiff Type
Private Plaintiff
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) State of Florida
Plaintiff Description a group of people with developmental disabilities who had received Home and Community-Based Waiver Services (HCBWS) or who were eligible to receive HCBWS but were denied the Services.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2005
Case Ongoing No
Docket(s)
0:98−cv−06496 (S.D. Fla.) 09/08/2005
PB-FL-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/14/1998
PB-FL-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 08/03/1998
PB-FL-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum on Motion for Class Certification 03/11/1999 (S.D. Fla.)
PB-FL-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 08/17/1999
PB-FL-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Approval of Settlement Agreement 08/01/2000
PB-FL-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
11th Circuit Opinion 08/11/2000 (221 F.3d 1266)
PB-FL-0002-0009.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Order Approving Settlement Agreement 08/09/2001 (S.D. Fla.)
PB-FL-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement on Attorneys Fees and Litigation Expenses 11/01/2004
PB-FL-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Closing Case 09/07/2005 (S.D. Fla.)
PB-FL-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ferguson, Wilkie D. Jr. (S.D. Fla.)
PB-FL-0002-0003 | PB-FL-0002-0006
Marcus, Stanley (Eleventh Circuit, S.D. Fla.)
PB-FL-0002-0009
Seitz, Patricia A. (S.D. Fla.)
PB-FL-0002-0008 | PB-FL-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Green, James K. (Florida)
PB-FL-0002-0007
Grissom, Hubert A. (Florida)
PB-FL-0002-9000
Lippman, Juliette E (Florida)
PB-FL-0002-0001 | PB-FL-0002-0002 | PB-FL-0002-0004 | PB-FL-0002-9000
Nimkoff, Peter (Florida)
PB-FL-0002-0001 | PB-FL-0002-0002 | PB-FL-0002-0004 | PB-FL-0002-0005 | PB-FL-0002-9000
Saideman, Ellen Marjorie (Florida)
PB-FL-0002-0001 | PB-FL-0002-0002 | PB-FL-0002-0004 | PB-FL-0002-0005 | PB-FL-0002-9000
Whiteside, Laura L. (Florida)
PB-FL-0002-9000
Defendant's Lawyers Crist, Charles J. Jr. (Florida)
PB-FL-0002-0007
Daniel, Stephanie A. (Florida)
PB-FL-0002-0005 | PB-FL-0002-0007 | PB-FL-0002-9000
Smith, Chesterfield Jr. (Florida)
PB-FL-0002-0005 | PB-FL-0002-9000
York, Thomas B. (Pennsylvania)
PB-FL-0002-9000
Other Lawyers None on record

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