The Florida Medicaid waiver for medically fragile children covers no equipment and enrolls only 20 children a year

Florida has no program actually named a Medically Fragile Waiver. The real program, the Model Waiver, caps enrollment at 20 children statewide a year, reserves 15 of those slots for moving a child out of a nursing home, and covers 3 services with no equipment at all.

203children the Model Waiver can enroll across the entire state of Florida each year
90%4of the nursing hours prescribed for a child that Florida must now deliver, under a court order
245hours a day of private duty nursing Florida Medicaid will cover for an enrolled child under 21

What the real Medicaid waiver for medically fragile children in Florida is

A parent searching online for a Florida medically fragile child Medicaid waiver and what it covers will not find a program by that name. The real program is called the Model Waiver, a federal 1915c home and community based services waiver, meaning it pays for services delivered to a child at home instead of in an institution. The Florida Agency for Health Care Administration, the state agency that runs the waiver, and the federal filing that legally defines it, numbered FL.40166.R07.00 and approved in 2025, both use the words medically complex and medically fragile as eligibility language, not as the name of the program. The waiver serves children ages 0 to 20, and the federal filing caps enrollment at 20 unduplicated children statewide in each waiver year.

How many children Florida found already at risk

That 20 child cap sits inside a much larger problem. The United States Court of Appeals for the 11th Circuit upheld a 2023 ruling that found Florida had institutionalized 139 medically fragile children in nursing homes for lack of home nursing care, and identified 1,800 more children at risk of the same placement. The court found that 94% of children with severe disabilities living with their families could not get all of the private duty nursing hours Medicaid had already approved for them. It ordered Florida to deliver at least 90% of the nursing hours prescribed for each child going forward.

Florida children and nursing home placement, federal court findings
Children already institutionalized in a nursing home139Children found at risk of the same placement1,8000500100015002000children

About 13 times as many children were found at risk of nursing home placement as were already institutionalized, a ratio this publication calculated by dividing the 2 court found figures, both from source 4, not a multiple the source states itself.

Source 4.

Show the numbers
Children already institutionalized in a nursing home139
Children found at risk of the same placement1,800

Medically vulnerable children, for example, those who require specialized care like breathing tubes, require around the clock care or they may sustain significant injuries and even die.

Circuit Judge Adalberto Jordan, writing for the majority of the 11th United States Circuit Court of Appeals panel. Source 4.

Why most of the tiny cap is not open to a child living at home

The federal filing that sets the 20 child cap also reserves 15 of those slots every year for moving a child already living in a nursing home back into a home setting, not for a child newly found eligible while still living at home. That leaves 5 slots a year for that second group, a subtraction this publication made from the 2 numbers the filing states, since neither the state agency nor the federal filing gives the 5 figure directly.

How Florida uses the Model Waiver 20 annual slots
Slots reserved for a child already in a nursing home15Slots left for a child newly eligible at home505101520slots a year

The federal filing states the 20 slot total and the 15 slot nursing home transition reservation directly. The 5 remaining slots are this publication own subtraction, 20 minus 15, not a number the filing states directly.

Source 3.

Show the numbers
Slots reserved for a child already in a nursing home15
Slots left for a child newly eligible at home5

What the Model Waiver actually pays for

The federal filing lists the services the Model Waiver actually provides in a single sentence, respite care, environmental accessibility adaptations and transition case management. It contains no mention anywhere of durable medical equipment, consumable medical supplies or assistive technology, a gap this publication confirmed by reading the filing text directly rather than relying on a shorter summary page that lists 2 additional services elsewhere on the same agency website. The waiver does not pay for a wheelchair, a ventilator or a feeding pump. The filing itself defines a medically fragile child as one who needs medical equipment or procedures to stay alive, or needs an unusually high level of medical supervision to stay alive, and who could die without warning without that care.

What actually funds nursing and equipment instead

Equipment and nursing for a child like this come instead from the ordinary private duty nursing benefit Florida Medicaid runs for any Medicaid enrolled child under 21, capped at 24 hours of nursing a day. A family home health aide working alongside that nursing is capped at 12 hours a day and 40 hours a week. A Florida parent whose child may qualify for the Model Waiver can start with a call to the Children Multidisciplinary Assessment Team, the group that decides whether a child is at risk of hospitalization, at 850 245 4200.

Sources

  1. Model Waiver. Florida Agency for Health Care Administration. Accessed 2026-09-16.
  2. Fla. Admin. Code Ann. R. 59G-13.080, Home and Community-Based Services Waivers. Florida Administrative Code, mirrored by Cornell Law School, Legal Information Institute. Accessed 2026-09-16.
  3. Florida Model Waiver, FL.40166.R07.00, approved 2025. Centers for Medicare and Medicaid Services, hosted by the Florida Agency for Health Care Administration. Published 2025. Accessed 2026-09-16.
  4. Federal Appeals Court Rebukes State For Institutionalizing Kids. Disability Scoop, Carol Marbin Miller, originally Miami Herald, TNS. Published 2026-04-14. Accessed 2026-09-16.
  5. Private Duty Nursing and Family Home Health Aide Services Coverage Policy. Florida Agency for Health Care Administration, Florida Medicaid. Published 2026-02. Accessed 2026-09-16.

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