· 1/8/1999
Cramer v. Chiles
Citations
- 33 F. Supp. 2d 1342
- 1999 WL 53039
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that when state phased out funding for private intermediate care facilities for the developmentally disabled (“ICF/DDs”), thus requiring recipients of that Medicaid service to choose between public ICF/DD and HCBC waiver services, § 1396a(a)(3
- finding predicate act of obstruction of justice adequately alleged when plaintiff claimed defendant gave false deposition testimony and false affidavit in ongoing federal litigation
- “Underfunding of the Home and Community-Based Waiver program compels institutionalization, thus negating a meaningful choice.”
- finding no individual right in § 1396n(c)(2)(C) that could be enforced under § 1983, but conducting an even briefer analysis of the issue than those district court decisions coming to the opposite conclusion
- “Underfunding of the Home and Community-Based Waiver program compels institutionalization, thus negating meaningful choice.”
- upholding constitutional and statutory rights of disabled persons to home and community-based treatment in a decision that caused the State of Florida to substantially increase its funding of these programs
Source: CourtListener parenthetical corpus (CC0).
Judges: Ferguson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.