Parents' League for Effective Autism Services (PLEAS) Lawsuit Update

Federal Judge James L. Graham from the U.S. District Court for the Southern District of Ohio held a conference with counsel from the Ohio Legal Rights Service (OLRS) and the Ohio Departments of Mental Health (ODMH) and Job and Family Services (ODJFS). The court set a briefing schedule and established a time for a future status call.

Judge Graham permitted OLRS on behalf of PLEAS to begin discovery and ordered that ODMH and ODJFS have until May 19, 2008 to file any motions to dismiss the case. Judge Graham set further dates for replies.

On May 2, 2008, OLRS filed a motion and a complaint seeking a temporary restraining order and declaratory and permanent injunctive relief prohibiting ODMH and ODJFS from enforcing proposed rules that would eliminate Medicaid reimbursement for medically necessary services currently delivered to children with autism. Given the briefing schedule, OLRS expects that the court may make a ruling before the proposed rules become effective on July 1, 2008.

Article posted May 6, 2008