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Florida Association of Rehabilitation Facilities, Inc. v. Dep't of Health & Rehabilitative Services - State of Florida

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Before TJOFLAT, FAY, and SILER*fn1 , Circuit Judges.

Plaintiffs are the Florida Association of Rehabilitation Facilities, Inc. and several operators of intermediate care facilities for the developmentally disabled (“ICF/DDs”). Nearly twenty years ago they filed suit against the Florida Department of Health and Rehabilitative Services (“FDHR”) and several of its officials for failing adequately to reimburse ICF/DDs pursuant to the Boren Amendment, formerly 42 U.S.C. § 1396a(a)(13)(A), a provision of the Medicaid Act that has since been repealed, see Balanced Budget Act of 1997, Pub. L. 105-33, § 4711(a)(1), 111 Stat. 251, 507-08 (1997). On remand from our decision in Fla. Ass’n of Rehab. Facilities, Inc. v. Fla. Dep’t of Health and Rehab. Servs., 225 F.3d 1208 (11th Cir. 2000) (FARF I), the district court ordered plaintiffs’ claims dismissed as moot because, before the court entered final judgment the first time around, FDHR had amended its reimbursement rate plan in compliance with the procedure required by Boren’s successor statute. Plaintiffs appeal, and we affirm.

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