![]() ![]() They followed Friday by filing the motion for a stay. Supreme Court ruling that said “undue institutionalization” of people with disabilities is a form of discrimination.Īttorneys for the state on July 17 filed a notice of appealing Middlebrooks’ ruling to the 11th U.S. The judge wrote that the Americans with Disabilities Act requires the state to provide services in the most “integrated setting appropriate” to meet the needs of people with disabilities. The case involves children with conditions that often require round-the-clock care involving such needs as ventilators, feeding tubes and breathing tubes. Department of Justice, which alleged the state Medicaid program was improperly institutionalizing children. Middlebrooks’ July 14 ruling came in a lawsuit filed by the U.S. And for the families involved, the stakes are too high.” ![]() I caution the state against foot-dragging in complying with the injunction. ![]() “These children deserve better, as do those whose taxes are already paying for these services. “There is no basis or reason for a stay,” Middlebrooks wrote. The South Florida-based judge also wrote that the case, which has lasted more than a decade, “has devolved into obstruction for obstruction’s sake, without regard to the consequences for these children with medical complexity and their families.” The public interest would not be served by issuing the stay.” Middlebrooks wrote Tuesday that he is “not persuaded that Florida will suffer irreparable damage without a stay, but I am firmly convinced that if compliance with the injunction is delayed, the institutionalized children, and those at risk of imminent institutionalization, will suffer substantial harm. READ: Florida cites state nursing shortage putting kids with ‘complex’ medical conditions in nursing homes ![]()
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