Two lawsuits have been filed against Florida Medicaid by families who say the state confines disabled children in nursing homes by denying home care. The first lawsuit alleges Florida Medicaid illegally warehouses roughly 250 sick and disabled children in nursing homes, as opposed to providing coverage so the children can receive care at home with their families, the South Florida Sun Sentinel reported Thursday. The second suit, filed this week, says about 3,300 at-risk children remain at home without the necessary care due to the fear they will be forced to live in a nursing home. Both lawsuits say Florida Medicaid is in direct violation of the Americans With Disabilities Act, as well as the 1999 U.S. Supreme Court decision Olmstead vs. L.C., which concluded states are required to offer care to the mentally disabled in the least restrictive settings. Officials at the state Agency for Health Care Administration declined to comment to The South Florida Sun Sentinel.
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