OLRS Files Complaint: Seeks to Prohibit Reduction in Medically Necessary Services for Children with Autism
On May 2, 2008, the Ohio Legal Rights Service (OLRS) filed a motion and complaint in the U.S. District Court, Southern District of Ohio, seeking a temporary restraining order (TRO) and declaratory and permanent injunctive relief prohibiting the Ohio Department of Job and Family Services, the agency responsible for the administration of the Medicaid program in Ohio, and the Ohio Department of Mental Health, from enforcing proposed rules that would eliminate Medicaid reimbursement for medically necessary services currently delivered to children with autism.
The suit stems from complaints OLRS received from families of children with autism. The motion and complaint were filed on behalf of Parents' League for Effective Autism Services (PLEAS), an association of parents and families who receive Medicaid services. Membership of PLEAS includes the named Plaintiffs and other parents, families, and children not individually named in OLRS' complaint. Three children were also named as plaintiffs.
OLRS alleges that Defendants have proposed rules that would violate the right of children with disabilities to maintain, without interruption, needed medical services. The suit alleges that without the needed services, the Plaintiff children risk suffering loss of skills, increase in unwanted, often dangerous behaviors, and placement in a segregated special education classroom or institutional care.
The Court has scheduled a conference with Counsel for Monday, May 5, 2008 at 3:00 p.m.
For more information:
Official complaint and TRO filed with court:
Searchable PDF version of the complaint and TRO (unsigned/unofficial versions):
OLRS press release: OLRS Files Complaint in U.S. District Court - Seeks to Prohibit Reduction in Medically Necessary Services for Children with Autism (PDF file)
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Article posted May 2, 2008
