Lawsuit Targets Florida Over Incontinence Supplies
The lawsuit said the state stopped providing the supplies to the plaintiffs after they turned 21, though they are incontinent and unable to care for themselves.
July 19, 2022 at 10:02 AM
3 minute read
Attorneys for two women with disabilities have filed a potential class-action lawsuit alleging that Florida's Medicaid program is improperly denying coverage for incontinence supplies.
The lawsuit, filed Sunday in U.S. district court in Jacksonville on behalf of Duval County resident Blanca Meza and St. Johns County resident Destiny Belanger, contends that the state is violating federal Medicaid law and laws including the Americans with Disabilities Act.
It said the state provides incontinence supplies, such as briefs, diapers and underpads, for Medicaid beneficiaries under age 21 and for certain adults, including people in nursing homes and people in what are known as Medicaid home- and community-based services "waiver" programs.
But the lawsuit said the state stopped providing the supplies to Meza and Belanger after they turned 21, though they are incontinent and unable to care for themselves. The women are 22. As an example of their disabilities, the lawsuit said Meza "is diagnosed with spastic quadriplegic cerebral palsy, muscle spasticity, neuromuscular scoliosis and partial epilepsy."
"Plaintiffs are medically fragile adults each with bladder and bowel incontinence," said the lawsuit, which also includes the advocacy organization Disability Rights Florida as a plaintiff. "As low-income Florida residents with significant disabilities, they receive their health services through Florida's Medicaid program. Plaintiffs' physicians have prescribed certain incontinence supplies, including briefs and underpads, as medically necessary to treat plaintiffs' incontinence, keep their skin dry and clean, prevent skin breakdowns and infections and maintain their ability to live in the community."
The lawsuit names as a defendant Simone Marstiller, the secretary of the Florida Agency for Health Care Administration, which operates the massive Medicaid program. The plaintiffs' attorneys on Sunday also filed a motion for a preliminary injunction.
A judge in 2010 ordered the state to provide incontinence briefs to Medicaid beneficiaries under age 21, the lawsuit said.
Medicaid also provides incontinence supplies for adults in nursing facilities; adults with AIDS and a history of "AIDS-related opportunistic infection;" and adults enrolled in the state's long-term care and iBudget waiver programs, the plaintiffs' attorneys wrote. The iBudget program, for instance, serves people with developmental disabilities.
But the lawsuit, filed by attorneys for the Florida Health Justice Project and Disability Rights Florida, said the waiver programs have long waiting lists, and Meza and Belanger receive care in their families' homes. It also estimated that at least 96 people a year lose Medicaid coverage for incontinence supplies after they turn 21.
Without Medicaid paying for the supplies, the lawsuit said Meza's family faces $188 a month in costs, while Belanger's family faces $200 a month in costs. The motion for a preliminary injunction said Meza's family has "extremely limited financial resources" and that it has tried to reduce the number of times it changes her briefs to save money.
"Skin impairments, including skin breakdown and skin ulcers, and infection are common secondary effects of insufficient incontinence care," the motion said. "These impairments are caused and exacerbated by extended exposure to the waste products that Blanca will not be able to control effectively without an adequate supply of briefs and underpads. These secondary effects of incontinence will require treatment, which may include hospitalization, surgery, medications, extended specialty wound care and specialized medical equipment."
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGraffiti Showdown: Miami Clashes Over Demolition Site Cleanup Before New Year’s
Trending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250