Improving Access to Medicaid in Florida

State Medicaid programs often fail to pay the doctors and dentists who see low income children enough to make it economically feasible for them to participate. For more than a decade, we litigated to increase access to services for these kids.

In Florida, the problem is particularly severe, so in 2005, the Law Center filed a class action lawsuit on behalf of the Florida Pediatric Society and all children — currently numbering 1.9 million — enrolled in, or eligible for, Medicaid in the state. The law firm of Boies, Schiller and Flexner LLP was co-counsel on the case. The case was tried before Judge Adalberto Jordan in the U.S. District Court for the Southern District of Florida over the course of two years and closing arguments were held in April 2012. In December 2014, Judge Jordan issued findings in our favor, ruling that the state is not meeting federal requirements in providing preventative medical care. In June 2016, a settlement agreement was approved that provides for state agencies to make substantial improvements so that children enrolled in Medicaid can access medical and dental care throughout the state.

The Gorenflo family, whose two sons are named plaintiffs in the case
The Gorenflo family, whose two sons are named plaintiffs in the case

Case Progress

June 2016
Settlement on Behalf of 2 Million Kids in Florida Approved

March 2016
Settlement Agreement Reached in Florida Medicaid Case to Improve Medical and Dental Care for Florida Children

December 2014
Florida Medicaid Program Not Providing Children with Federally Guaranteed Rights to Medical and Dental Care, Federal Court Finds

November 2014
Judge Again Denies Defendants’ Motion to Dismiss for Mootness

July 2014
Judge Finds No Aspect of Class Action Lawsuit Moot

March 2013
Federal Judge Declines to Dismiss Lawsuit

March 2013
Court Requests Briefs and Denies Partial Motion to Dismiss

March 2012
After 100 Days over 3 Years, Trial Comes to a Close

March 2011
Plaintiffs File for Preliminary Injunction

September 2009
Class Certified, Motion for Summary Judgment Denied

June 2009
Court Recommends Class Certification

January 2007
Court Rejects Motion to Dismiss

November 2005
Lawsuit is Filed on Behalf of Children Reliant on Medicaid for Care