On April 11, 2003, three individuals with brain or spinal injuries who were on the waiting list for the Brain or Spinal Cord Injury Medicaid Home and Community Based Waiver Program (BSCI Waiver Program) filed a lawsuit against several Florida state officials under the Americans with Disabilities Act, 42 U.S.C. §1201 et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794(a); Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., and Due Process Clause in the U.S. District Court for the Northern District of Florida, Tallahassee Division. The plaintiffs, represented by public service attorneys, asked the Court for declaratory and injunctive relief, alleging that due to defendants' underfunding and poor administration, only 176 individuals were receiving BSCI Waiver Program services in Florida, despite a waiting list of 226 who met eligibility requirements.

On March 1, 2004, the Court (Judge Stephan P. Mickle) granted the plaintiffs' motion for class certification.

After a long period of discovery and negotiations, the parties reached a Settlement Agreement on October 10, 2006, according to which, defendants agreed to make it a priority to seek funding to expand the BSCI Waiver Program by at least 200 slots for the next three years.

On January 4, 2007, the Court (Judge Mickle) approved the Settlement Agreement and dismissed the case with prejudice.

Kunyi Zhang - 02/04/2011


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