PLEAS lawsuit update: Court orders OLRS to join CMS as defendant; Court schedules hearing for Temporary Restraining Order
A federal judge has ruled that the Centers for Medicare and Medicaid Services (CMS) is a necessary party to the lawsuit filed by Ohio Legal Rights Service (OLRS) on behalf of the Parents' League for Effective Autism Services (PLEAS), an association of parents and families who receive Medicaid services. Federal Judge James L. Graham from the U.S. District Court for the Southern District of Ohio ordered OLRS to amend the complaint to name CMS as a defendant. OLRS originally filed the lawsuit against 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.
Judge Graham also scheduled a hearing on Plaintiff PLEAS' motion for a temporary restraining order for Friday, June 27, 2008. At this hearing, Plaintiffs will argue that a temporary restraining order (TRO) and declaratory and permanent injunctive relief is necessary to prevent the Defendants from violating the right of Plaintiff children with disabilities to maintain, without interruption, needed medical services. If granted, a TRO would prohibit the Defendants from enforcing proposed rules that would eliminate Medicaid reimbursement for medically necessary services currently delivered to children with autism.
OLRS filed the suit on May 2, 2008.
Read the court orders
Note: To view and print PDF documents, you need to have Adobe® Reader®, a free software program, installed on your computer. Download Adobe® Reader®
Article posted June 23, 2008
