Update
On August 13, 2026, the Department of Justice (DOJ) filed two documents in US v. Florida. Together, these documents reflect the DOJ’s reversal of its decades-long stance on the “integration mandate” announced in Olmstead v. L.C.
Before June of this year, the DOJ rightly and regularly defended the rights of individuals with disabilities to live and work in their communities, enjoying the benefits of integration and adding valuable stimulation to the economy. However, in its memo issued on June 18, 2026, the DOJ reversed itself, stating it no longer intends to enforce Olmstead’s integration mandate.
US v. Florida, which has been in litigation since 2012, is proving to be an early demonstration of what this reversal looks like for people with disabilities and their families. The DOJ previously fought and won at both the district and appellate court levels, resulting in decisions that affirmed the right of Florida’s medically complex children to receive the home- and community-based services that allow them to remain integrated at home with their families and grow up as part of their communities.
With its August 13, 2026, filings, the DOJ “declines to defend” the portions of a court order, already decided in its favor, that held Florida to account for “actions [which] place children who are at home or in community settings at substantial risk of institutionalization,” like the failure to provide home- and community-based services. The DOJ has now invited the appellate court to overturn its own victory, a victory that helped protect children who rely on these critical services to remain at home and from being unnecessarily separated from their families and community.
Disability Rights Florida (DRF) condemns this reversal. People with disabilities deserve to live and receive services in their communities. Children should not have to leave their families and enter institutions simply to receive the care and services they need. And while the DOJ may have changed its position on enforcing these principles, the laws underpinning them remain in place.
DRF will continue to vigorously defend the rights of medically fragile children, and all individuals with disabilities, to remain integrated into their communities. While not a party to this litigation, DRF will also continue to closely monitor the case and provide updates.
Original Post
On June 23, 2026, Disability Right Florida (DRF) filed a brief in US v. Florida, a case about ensuring medically complex children receive the private duty nursing (PDN) and other medical services and supplies they are entitled to. DRF recognizes there are serious and ongoing deficiencies in the system. However, DRF’s brief suggests the District Court should end the case as DRF believes there are better paths to addressing those deficiencies than continuing this particular litigation.
This case, originally filed fourteen years ago, resulted in a major victory in 2023 when the District Court entered an injunction requiring, among other things, that the state ensure at least 90% of the nursing hours prescribed were provided. The State appealed that injunction and, in March of 2026, the Eleventh Circuit upheld the injunction affirming the right of children with medically complex conditions to receive the services necessary to remain in their communities. The Eleventh Circuit’s decision hinged on Olmstead’s integration mandate, which prohibits segregation of people with disabilities and requires that services be provided in the most integrated setting appropriate. As it stands, the State has asked for rehearing on the Eleventh Circuit’s opinion and the DOJ has issued an opinion indicating it no longer intends to enforce Olmstead’s integration mandate.
This case, and the Eleventh Circuit decision affirming the District Court's ruling, has been critical to the effort to ensure that children in Florida with medically complex conditions are not unnecessarily institutionalized. While the case has led to marked progress in this regard, DRF believes that there is little left to gain from this litigation and it is time to move forward.
For years, DRF has provided representation to children who require private duty nursing and will continue to do so. This work has demonstrated two things: first, there is much work to be done in regard to ensuring children with medically complex conditions consistently receive the services they need and, second, several of the areas needing ongoing reform are not addressed in the US v. Florida litigation. DRF supports ending this case now to preserve the progress that has been made so far and to allow advocates to focus on future efforts to address the ongoing shortcomings within the system. Regardless of the outcome of this case, DRF maintains its ongoing commitment to ensuring the rights of children with medically complex conditions, and all Floridians with disabilities, to live safely in their communities.