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Case Name Alexander v. Senior PB-FL-0021
Docket / Court 4:18-cv-00569 ( N.D. Fla. )
State/Territory Florida
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Case Summary
On December 12, 2018, six low-income older adults and adults with disabilities filed a putative class-action lawsuit in the U.S. District Court for the Northern District of Florida. The case was assigned to Judge Robert L. Hinkle. Represented by Disability Rights Florida, Southern Legal Counsel, ... read more >
On December 12, 2018, six low-income older adults and adults with disabilities filed a putative class-action lawsuit in the U.S. District Court for the Northern District of Florida. The case was assigned to Judge Robert L. Hinkle. Represented by Disability Rights Florida, Southern Legal Counsel, and Justice in Aging, the plaintiffs sued the Florida Agency for Health Care Administration and the Florida Department of Elder Affairs, under the Americans with Disabilities Act (“ADA”) and the Medicaid Act.

The plaintiffs alleged that the defendants’ administration of the Medicaid long-term care system violated the civil rights of the plaintiffs by requiring them to choose between receiving needed care and remaining in their homes. Specifically, the defendants’ administrative, planning, and funding decisions heavily favored treatment in nursing facilities, perpetuating the unnecessary institutionalization and segregation of older adults and people with disabilities. The plaintiffs alleged that this violated Title II of the ADA. They sought declarative and injunctive relief.

On March 12, 2019, the plaintiffs sought to certify a class. The proposed class consisted of adult residents of Florida who were at risk of unnecessary institutionalization without home- and community-based long-term care services because they: (1) were residing, and wish to remain, at home or in a community residential setting; (2) qualified or would qualify if allowed to enroll in the Long-Term Care Waiver; and (3) had been placed on the Long-Term Care Waiver waitlist.

The plaintiffs filed an amended complaint on June 3, 2019, adding four new plaintiffs. On October 11, 2019, the defendants sought partial summary judgment as to the plaintiff's claim that "despite the specific permission that federal law confers on Florida to limit the capacity of its program, the limits on enrollment in the long-term managed care program violate the general prohibition against discrimination in Title II of the Americans with Disabilities Act."

The court denied class certification on October 27, 2019, citing a conflict among proposed class members and stating that the plaintiffs had failed to sufficiently establish the numerosity requirement for class certification. 2019 WL 5677948. This led the defendants to file a second motion for partial summary judgment on February 6, 2020, asserting that the plaintiffs could recover only individual relief, not classwide relief. Following this motion, the plaintiffs filed a second motion for class certification on February 10, 2020, modifying the proposed class to eliminate conflicts among proposed class members. In addition, the defendants filed a motion to dismiss for lack of jurisdiction, as to one plaintiff, on February 20, 2020.

On March 31, 2020, the court issued a series of rulings on the motions. First, the court granted the defendants' motion for partial summary judgment, stating that although “the ADA requires a state to provide reasonable accommodations for disabilities...the ADA does not require such an accommodation if it would fundamentally alter a state's programs.” An injunction requiring the state to serve additional individuals through the waiver—to obtain an increase in or to exceed the cap—would fundamentally alter the state's program. 2020 WL 1547880. Second, the court denied the plaintiff’s second motion to certify a class, finding that the motion was untimely and failed to adequately meet the prerequisites of class certification. 2020 WL 1545739. Third, the court granted in part the defendant’s second motion for summary judgment. As the court denied the plaintiff’s second motion to certify class, the court dismissed any claims for relief on behalf of individuals who were not named plaintiffs. 2020 WL 1545738.

On May 11, 2020, the parties notified the court that they had reached a settlement in principle and would file dismissal documents in 30 days. The next day, the court dismissed all claims and reserved jurisdiction to enforce the order to comply with the settlement agreement. As of June 10, 2020, the settlement agreement has not been posted publicly. But as the enforcement of the settlement agreement is ongoing, this case remains open.

Michael Beech - 02/03/2019
Bogyung Lim - 06/10/2020


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Hospital/Health Department
Jurisdiction-wide
Disability
Integrated setting
Least restrictive environment
Discrimination-basis
Age discrimination
Disability (inc. reasonable accommodations)
General
Payment for care
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Reasonable Modifications
Wait lists
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Defendant(s) Florida Agency for Health Care Administration
Florida Department of Elder Affairs
Plaintiff Description Elderly individuals on Medicaid waitlists for community- or home-based long-term care services.
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Conditional Dismissal
Filed 12/12/2018
Case Ongoing Yes
Additional Resources
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  Alexander et al. v. Mayhew and Prudom
https://www.justiceinaging.org
Date: Dec. 19, 2019
By: Justice in Aging
[ Detail ] [ External Link ]

Docket(s)
4:18-cv-00569 (N.D. Fla.)
PB-FL-0021-9000.pdf | Detail
Date: 05/13/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 2]
PB-FL-0021-0001.pdf | Detail
Date: 12/12/2018
Source: PACER [Public Access to Court Electronic Records]
Order Denying Class Certification [ECF# 80] (2019 WL 5677948) (N.D. Fla.)
PB-FL-0021-0002.pdf | WESTLAW | Detail
Date: 10/27/2019
Source: PACER [Public Access to Court Electronic Records]
Order Granting the Defendants' First Motion for Partial Summary Judgment [ECF# 130] (2020 WL 1547880) (N.D. Fla.)
PB-FL-0021-0003.pdf | WESTLAW | Detail
Date: 03/31/2020
Source: PACER [Public Access to Court Electronic Records]
Order Granting the Defendants' Second Summary-Judgment Motion in Part [ECF# 131] (2020 WL 1545738) (N.D. Fla.)
PB-FL-0021-0005.pdf | WESTLAW | Detail
Date: 03/31/2020
Source: PACER [Public Access to Court Electronic Records]
Order Denying the Second Motion to Certify a Class [ECF# 132] (2020 WL 1545739) (N.D. Fla.)
PB-FL-0021-0004.pdf | WESTLAW | Detail
Date: 03/31/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Frank, Michael J. Court not on record [Magistrate] show/hide docs
PB-FL-0021-9000
Hinkle, Robert Lewis (N.D. Fla.) show/hide docs
PB-FL-0021-0002 | PB-FL-0021-0003 | PB-FL-0021-0004 | PB-FL-0021-0005 | PB-FL-0021-9000
Plaintiff's Lawyers Bailey, Regan Monica (Maryland) show/hide docs
PB-FL-0021-0001
Bailey, Regan (District of Columbia) show/hide docs
PB-FL-0021-9000
Carlson, Eric (California) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Dunn, Chelsea L. (Florida) show/hide docs
PB-FL-0021-9000
Gomez-Rodon, Ashley L. (Florida) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Harley, Jennifer Thompson (Florida) show/hide docs
PB-FL-0021-9000
Heystek, Amanda E. (Florida) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Lewitz, Matthew Evan (California) show/hide docs
PB-FL-0021-9000
Reichenberg, David (New York) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Siegel, Jodi (Florida) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Siegel-McLaughlin, Rachel Louise (Florida) show/hide docs
PB-FL-0021-9000
Sullivan, John J. (New York) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Wong, Carol A (District of Columbia) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Wright, Nancy E. (Florida) show/hide docs
PB-FL-0021-0001 | PB-FL-0021-9000
Defendant's Lawyers Bardos, Andy V. (Florida) show/hide docs
PB-FL-0021-9000
Grow, Stefan R. (Florida) show/hide docs
PB-FL-0021-9000
Lukis, Ashley Hoffman (Florida) show/hide docs
PB-FL-0021-9000
Moore, James Timothy Jr. (Florida) show/hide docs
PB-FL-0021-9000
Sheeran, Andrew T (Florida) show/hide docs
PB-FL-0021-9000
Tritschler, Richard (Florida) show/hide docs
PB-FL-0021-9000
Other Lawyers Fox, Deena (District of Columbia) show/hide docs
PB-FL-0021-9000

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