Hopes for a class-action suit representing thousands of institutionalized Medicaid recipients in Florida have been dashed, as a federal judge last week chose to remove the class action status.
U.S. District Judge Robert Hinkle ruled in favor of the seven Medicaid patients who sued the state in 2008. The plaintiffs had said that as Medicaid recipients, they should be allowed to live in other settings. Unfortunately, five of the seven plaintiffs are no longer alive, and one changed his mind.
Because the judge removed the class action status, due to the lack of original plaintiffs, the ruling now applies to only one person, not the 8,500 people estimated to be in the same situation.
In his ruling, Hinkle cited changes to the state’s Medicaid program that give more people an option to leave a nursing home than it did at the time the lawsuit was filed.
Hinkle wrote in his ruling that “the state apparently has made errors … in failing to transition a small number of nursing home residents.”
Speaking to the Miami Herald, a spokesman for the AARP said the ruling was a “limited victory.”
Sarelson Law Firm – Miami class action attorneys