Lawsuit Blames State For Keeping Disabled Children In Nursing Home

Disabled Children In Nursing Home

Families of 250 disabled children have filed a Federal Court lawsuit against the State of Florida alleging that the state violates terms of the Americans With Disabilities Act and a Supreme Court ruling by keeping the children in nursing homes as opposed to allowing them to live at home or in the community.

The lawsuit represents that many of the children involved in the case are entitled to receive the medical care that they require because of of the case law precedent that provides that states are to provide care for the sick and disabled in the least restrictive setting.  Additionally, the majority of the children have medically stable conditions that don’t necessarily require the level of care provided at skilled nursing facilities.

It’s all about the money

Not surprisingly, the major sticking point behind this issue is the the financial aspects involved in caring for special needs children.  As a recent news article on this lawsuit in the SunSentinel mentions, it costs approximately $500 / per day or $180,000 to care for a special needs child in a nursing home setting.  Meanwhile, similar care in a home setting with round-the-clock care costs almost $250,000 per year.

Having worked with families with special needs children, I can attest to the dismal living accommodations available for most children in a nursing home setting.  While it’s easy for State officials to look at this issue strictly on paper and say ‘what’s the big deal’ for the child involved, but surely this issue directly impacts families who are forced to remain separated from their child as they wait for approval to bring their children back home.

For more information on nursing homes in Chicago look here. For laws related to Illinois nursing homes, look here.

Learn more about the laws applicable to Florida nursing homes here.
Click on the links for information on nursing homes in Miami, Orlando and Tampa

Related:

The Less-Wrinkled Faces May Be Younger In The Nursing Home, But Still Require Care

Tougher Regulations For Illinois Nursing Facilities Caring For Children Coming In Near Future

Children In Nursing Homes: Truly The Most Vulnerable

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric