This case was last updated from U.S. District Courts on 07/20/2022 at 07:08:21 (UTC).

Meza et al v. Marstiller

Case Summary

On July 17, 2022, Blanca Meza, by and through her Guardian, Aide Hernandez; Destiny Belanger, by and through her Guardian, Julie Belanger; on behalf of themselves and all others similarly situated; and Disability Rights Florida (collectively, “Plaintiffs”), represented by Katherine DeBriere of Florida Health Justice Project, filed a civil rights lawsuit against Simone Marstiller (“Defendant”), seeking declaratory relief and injunctive relief for alleged violation of the civil rights of the plaintiffs. This case was filed in the U.S. District Court for the Middle District of Florida, with Judges Marcia M. Howard and Laura L. Lambert presiding.

In the complaint, the plaintiffs claimed, “Plaintiffs are medically fragile adults each with bladder and bowel incontinence. As low-income Florida residents with significant disabilities, they receive their health services through Florida’s Medicaid program.”

Plaintiffs also claimed, “Plaintiffs’ physicians have prescribed certain incontinence supplies, including briefs and underpads, as medically necessary to treat Plaintiffs’ incontinence, keep their skin dry and clean, prevent skin breakdowns and infections, and maintain their ability to live in the community.”

The plaintiffs then claimed, “Prior to 2010, Florida Medicaid did not cover incontinence supplies for any recipients, even those younger than age 21. On January 28, 2010, District Court Judge Alan Gold ordered Defendant to cover incontinence briefs for children under age 21 based on the mandatory Early and Periodic Screening, Diagnosis and Treatment (‘EPSDT’) service of the federal Medicaid Act”

Plaintiffs then alleged, “Defendant – with limited exceptions that do not apply to the named Plaintiffs or putative class – excludes coverage of incontinence supplies (including briefs, diapers, protective underwear, pull-ons, liners, shields, guards, pads, and undergarments) for Medicaid recipients aged 21 and older (hereafter, ‘adults’).”

The plaintiffs further alleged, “For adult Medicaid recipients, Defendant will provide Medicaid coverage of incontinence supplies under only three circumstances: if the Medicaid enrolled individual (1) has been diagnosed with AIDS and has history of AIDSrelated opportunistic infection, (2) resides in a nursing facility, or (3) is enrolled in a Home and Community Based Services (HCBS) Medicaid Waiver. These HCBS waivers have stringent eligibility requirements, a limited number of enrollment slots, and sizable waitlists.”

Plaintiffs additionally alleged, “Defendant covered Plaintiffs’ incontinence supplies under the state Medicaid program for years, but upon their 21st birthdays, Defendant ceased Medicaid coverage for these supplies even though Plaintiffs’ conditions, need for incontinence supplies as treatment, ability to benefit from these items as treatment, and the specific items that constitute this treatment, did not change.”

Plaintiffs also alleged, “Defendant’s policy to deny Plaintiffs, and all similarly situated putative class members, coverage of incontinence supplies under Florida’s State Plan Medicaid program violates the Medicaid Act’s mandatory home health care requirement.”

Plaintiffs presented three claims for relief, including Defendant’s alleged violation of mandatory home health services under the Federal Medicaid Act, Title II of the ADA and Section 504.

In the prayer for relief, the plaintiffs requested a judgment for declaratory judgment and preliminary and permanent injunctive relief along with an award for costs and reasonable attorney fees.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-00783

  • Filing Date:

    07/17/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

Marcia Morales Howard

Referral Judge

Laura Lothman Lambert

 

Party Details

Plaintiffs

Blanca Meza

Destiny Belanger

Disability Rights Florida, Inc.

Defendant

Simone Marstiller

Attorney/Law Firm Details

Plaintiff Attorney

Katherine DeBriere

Attorney at Florida Health Justice Project

126 West Adams Street

Jacksonville, FL 32202

 

Court Documents

#12

(#12) PROOF of service by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza (DeBriere, Katherine) (Entered: 07/19/2022)

#11

(#11) PROOF of service by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza (McGivern, Liam) (Entered: 07/19/2022)

#8

(#8) ORDER taking under advisement #3 Motion for Preliminary Injunction and directing Plaintiffs to promptly effect service of process on Defendant. See Order for details. Signed by Judge Marcia Morales Howard on 7/19/2022. (TMF) (Entered: 07/19/2022)

#7

(#7) SUMMONS issued as to Simone Marstiller. (BGR) (Entered: 07/19/2022)

#5

(#5) PROPOSED summons to be issued by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza. (DeBriere, Katherine) (Entered: 07/18/2022)

3 #6

Text of Proposed Order

3 #5

Affidavit

3 #4

Affidavit

3 #3

Exhibit

3 #2

Affidavit

3 #1

Appendix

3 #3

Main Document

2 #8

Exhibit

2 #6

Exhibit

2 #5

Affidavit

2 #4

Affidavit

2 #2

Affidavit

2 #1

Appendix

13 More Documents Available
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Docket Entries

  • 07/19/2022
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  • Docket(#12) PROOF of service by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza (DeBriere, Katherine) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#11) PROOF of service by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza (McGivern, Liam) (Entered: 07/19/2022)

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  • 07/19/2022
  • Docket(#10) NOTICE to counsel Alison DeBelder of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (AET) (Entered: 07/19/2022)

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  • 07/19/2022
  • Docket(#9) NOTICE to counsel Lewis Golinker Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AET) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#8) ORDER taking under advisement #3 Motion for Preliminary Injunction and directing Plaintiffs to promptly effect service of process on Defendant. See Order for details. Signed by Judge Marcia Morales Howard on 7/19/2022. (TMF) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#7) SUMMONS issued as to Simone Marstiller. (BGR) (Entered: 07/19/2022)

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  • 07/19/2022
  • Docket(#6) NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) (Entered: 07/19/2022)

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  • 07/18/2022
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  • Docket(#5) PROPOSED summons to be issued by Destiny Belanger, Disability Rights Florida, Inc., Blanca Meza. (DeBriere, Katherine) (Entered: 07/18/2022)

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  • 07/18/2022
  • Docket(#4) NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Laura Lothman Lambert. New case number: 3:22-cv-0783-MMH-LLL. (SJB) (Entered: 07/18/2022)

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  • 07/17/2022
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  • Docket(#3) MOTION for Preliminary Injunction by Blanca Meza. (Attachments: #1 Appendix, #2 Affidavit, #3 Exhibit, #4 Affidavit, #5 Affidavit, #6 Text of Proposed Order)(DeBriere, Katherine) (Entered: 07/17/2022)

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  • 07/17/2022
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  • Docket(#2) MOTION to Certify Class by Destiny Belanger, Blanca Meza. (Attachments: #1 Appendix, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(DeBriere, Katherine) (Entered: 07/17/2022)

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  • 07/17/2022
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  • Docket(#1) COMPLAINT VERIFIED CLASS ACTION against Simone Marstiller (Filing fee $402 receipt number AFLMDC-19780374) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(DeBriere, Katherine) (Entered: 07/17/2022)

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