On November 21, 2005, a suit was filed suit in Federal District Court in Miami against the Florida Agency for Health Care Administration, The Florida Department of Children and Families, and the Florida Department of Health.

This legal action was taken on behalf of Todd Torchin, Thomas Gorenflo, and over 1.5 million other children in Florida who are enrolled in Florida Medicaid, and whose health care is supposed to be funded by Florida Medicaid.

We are bringing this action because Florida Medicaid has failed to meet its responsibilities under Title XIX of the Social Security Act, to assure that Medicaid children have equal access to health and dental care.  That is, the same access to care as do the rest of Florida's children.

Our organizations, representing pediatricians, pediatric subspecialists, and pediatric dentists, have tried to resolve this access issue for Medicaid children for over 20 years, using the available legislative and administrative channels.

We have met time after time with the current and previous Governor's staff.

We have met time after time with the current and previous directors of Medicaid, of the Agency for Health Care Administration, of the Department of Health, and representatives of the Department of Children and Families.

We have met time after time with legislators.

In spite of literally hundreds of meetings, we have been unable to achieve any significant progress towards resolving the problems of access for Medicaid children.

Let me make sure you understand.  We are not seeking damages.

We just want Florida Medicaid to finally, after all of these years, provide children sponsored by Florida Medicaid, with the same access to care as your children and my children have.

Florida Medicaid only pays physicians and dentists slightly over half of what Medicare would pay for the same service, say rendered to you or your parents.

Medicaid has never paid physicians and dentists what it cost to provide care.

That is not right.

You think you have problems navigating your HMO or health insurance.  Imagine what it is like to be the parent of a child on Medicaid.

Suddenly you find your child reassigned to another doctor, without your knowledge or consent.  What if your child has a fever, or a toothache, or needs to see a specialist?  What are you going to do?

Just ask Ms. Torchin or Ms. Gorenflo how difficult it is to get care for a child covered by Medicaid.

We did not come to this action lightly or quickly.

In fact, this lawsuit began in January of 2003.

It was in the pipe long before Governor Bush proposed Medicaid reform.

But you can be sure that Medicaid reform, as currently proposed, will worsen the access issues.

Children do not choose the families into which they were born.

Children do not choose to be disabled or poor.

Children do not vote.

We think it's about time that Florida Medicaid lives up to its responsibilities to these children.

Louis St. Petery, MD, FAAP
Executive Vice President