Floyd Smith, represented by Florida Legal Services (FLS) and Legal Services of Greater Miami (LSGMI), sued Florida’s Agency for Health Care Administration (AHCA) regarding the state’s refusal to cover diapers for his severely disabled 17 year old daughter, Sharett. She suffers from severe mental retardation and cerebral palsy, is completely incontinent and needs several diapers per day.

AHCA, which administers Florida’s Medicaid program, has a rule that excludes coverage of diapers. This rule is contrary to federal Medicaid law which requires that the medically necessary services or supplies for children be covered.

On January 27, 2010, United States District Court Judge Alan S. Gold granted Summary Judgment and ordered the state Medicaid agency to provide coverage of diapers. According to Monica Vigues-Pitan of LSGMI, “this decision ends Florida’s violation of federal Medicaid law on this issue.” Jose Fons of LSGMI further elaborated, “the Judge’s decision affirms that a rule excluding coverage of medically necessary services for children is not in keeping with the spirit of the federal Medicaid law.”

These diapers are medically necessary for children who are incontinent due to a medical condition and not their age. “During the course of the litigation, the State identified over 12,000 incontinent children that need diapers. As a result of this decision, these low-income and severely disabled children can now receive Medicaid coverage of diapers,” stated Miriam Harmatz of FLS.