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Florida Court Rules Medical Alert Covered by Medicaid Waiver Program
January 28, 2010

An appellate court in Florida has reaffirmed that a medical alert system must be paid for by the state Agency for Persons with Disabilities in a case of a forty-two year-old woman with spastic cerebral palsy and associated quadriplegia.  The relevant Medicaid guidelines for Florida state:

A personal emergency response system is limited to those recipient’s [sic] who live alone, or who are alone for significant parts of the day, and have no regular caregiver for extended periods of time, and otherwise require extensive routine supervision.

 The woman who brought the case had been denied reimbursement, on the theory that she had various caretakers who could be with her approximately 18 hours per day.   Read the court's opinions in M.B. v. Agency for Persons with Disabilities here and here.

 
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