The U.S. District Court for the Southern District of Florida has approved a request from the State of Florida to modify an existing injunction in the United States v. State of Florida case. This modification, granted by Judge Donald M. Middlebrooks, removes Part II.C of the injunction, which previously required the state to collect quarterly data on nurses providing pediatric Private Duty Nursing (PDN) services. This provision specifically obligated Florida to gather information on each nurse’s affiliated provider(s) and the counties where they were available to work.

Background

The case, initiated by the U.S. Department of Justice, challenged Florida’s Medicaid program for its alleged failure to adequately support children with complex medical needs, leading some children to live in nursing facilities rather than at home. The court’s injunction aimed to improve access to community-based services, with an emphasis on PDN for these children. Core requirements included ensuring that eligible children receive adequate in-home nursing care, implementing detailed care coordination and transition planning processes for those moving from facilities to home, and collecting data on service delivery and provider availability to monitor compliance.

The injunction also mandated regular data collection and reporting on PDN services to assess progress. A court-appointed monitor was tasked with overseeing the state’s compliance, tracking improvements, and submitting progress reports to the court.

Implications of the Modification

With this modification, Florida is no longer required to conduct quarterly reporting on PDN provider data, including details from home health agencies and independent nurses. This change took effect immediately, leaving other aspects of the original injunction intact.