OLRS receives broad support for PLEAS appeal
The Legal Aid Society of Columbus (LASC) and National Health Law Program (NHeLP), on January 22, 2009, filed an amicus curiae brief in support of Ohio Legal Rights Service's appeal to uphold the preliminary injunction order in Parents' League for Effective Autism Services (PLEAS), et al. v. Helen Jones-Kelley, Director of the Ohio Department of Job and Family Services, et al. (see OLRS files brief asking appeals court to uphold decision)
LASC attorney Vanessa Coterel stated, "This case impacts the ability of low income children across the state to access critical mental and behavioral health care services. These services are essential to ensuring that many low income children have a better opportunity to grow up to be independent, self-sufficient adults."
Attorneys for amicus curiae stated in the brief to the U.S. Court of Appeals for the Sixth Circuit that Congress intended for Medicaid's Early, Periodic, Screening, Diagnostic, and Treatment (EPSDT) program to ensure comprehensive and preventative health care to children; however, the State's narrow definition of rehabilitative services is contrary to Congress' intent that preventative and broad coverage be provided to low-income children under EPSDT. "The District Court's decision reinforces Medicaid's guarantee to eligible children, which is that they will receive all necessary mental and behavioral health care services and treatment without regard to the type of conditions and disabilities children may have," stated NHeLP attorney Sarah Somers.
In the amicus brief, attorneys argued that low-income children will suffer irreparable harm if they are denied access to meaningful health care treatment by the State's overly restrictive administrative rules. Moreover, it is in the public interest to ensure that low-income children receive comprehensive, early, and effective health care services.
Broad group of organizations support amicus
In addition to LASC and NHeLP, a broad group of organizations representing national advocacy groups, Legal Aid organizations throughout Ohio, and several health providers supported OLRS' position in the appeal of this case. The amici curiae group includes:
- St. Vincent Mercy Children's Hospital
- Family Healthcare, Inc.
- The Academy of Medicine of Toledo and Lucas County Ohio
- Warran Kleinberg, MD, Medical Director St. Vincent's Mercy Family Care Center
- The Legal Aid Society of Columbus Child and Youth Law Program
- Advocates for Basic Legal Equality and Legal Aid of Western Ohio, Inc.
- Community Legal Aid Services
- Legal Aid of Greater Cincinnati and Legal Aid Society of Southwest Ohio, LLC
- Ohio State Legal Services Association
- Southeastern Ohio Legal Services
- The Legal Aid Society of Cleveland
- National Health Law Program
- National Disability Rights Network
- The Judge David L. Bazelon Center for Mental Health Law
- Disability Law & Advocacy Center of Tennessee
- Michigan Protection & Advocacy Service, Inc.
- Kentucky Protection and Advocacy
"We appreciate the collaboration and support of amicus curiae," said OLRS Executive Director Michael Kirkman. "Their involvement demonstrates not only the support of our position but the importance of providing medically necessary services to Medicaid beneficiaries," added Kirkman.
The court is expected to schedule oral arguments in the case. Updates will be posted on the home page of the OLRS Web site.
Read the Brief of amicus curiae in PLEAS, et al. v. Helen Jones-Kelley, et al. (PDF file) filed on Januaary 22, 2009.
Read OLRS' Response Brief of Plaintiffs-Appellees PLEAS, et al. (PDF file) filed on January 12, 2009.
About LASC and NHeLP
The Legal Aid Society of Columbus (LASC) provides legal assistance in civil cases to low income individuals who cannot afford to hire an attorney. LASC's Child Advocacy Project assists low income children to ensure that their educational and health care needs are met.
The National Health Law Program (NHeLP) is a national public interest law firm that seeks to improve health care for America's working and unemployed poor, minorities, the elderly and people with disabilities. NHeLP works to preserve a health care safety net for the millions of uninsured or underinsured low-income people.
Article posted January 23, 2009
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