OLRS submits comments on proposed rules for the Medicaid School Program

The Ohio Legal Rights Service (OLRS), along with Advocates for Basic Legal Equality, Legal Aid of Western Ohio, Legal Aid Society of Columbus, Northeast Ohio Legal Services, Ohio State Legal Services Association and Southeastern Ohio Legal Services, submitted comments to the Ohio Department of Job and Family Services (ODJFS) on the proposed rules implementing the Medicaid School Program (O.A.C. 5101:3-35-01 through 5101:3-35-06). The proposed rules were emergency filed on December 1 and will remain in effect until March 1, 2009.

The comments, prepared by OLRS, raise substantive issues of timely and adequate access to health care, state wideness and comparability of services. It appears the Medicaid School Program would violate the statewide requirement as medically necessary services will only be available to children who live in districts where the school district chooses to participate. Moreover, OLRS is concerned that children will not be provided with at least the same amount, duration and scope of services available to others. OLRS also raised a number of other issues and provided recommendations to address each issue.

OLRS gave notice to ODJFS that if a client requests OLRS' representation to remedy a violation of rights it would pursue administrative or other legal action should these rules not be amended to comply with the law.

Read the comments: Comments to ODJFS on Proposed Medicaid School Program Rules (PDF file)

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Article posted December 31, 2008