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Ohio Legal Rights Service (OLRS) and ABLE recently filed two motions in the G.D. v. Lumpkin class action lawsuit alleging that the state has failed to comply with federal laws related to the Early Periodic Screening, Diagnosis, and Treatment (EPSDT) program. The motions were filed against the Ohio Department of Job and Family Services (ODJFS).
The first motion requests that the Court grant class certification and appoint OLRS and ABLE as class counsel. Both OLRS and ABLE, as stated in the motion, have extensive experience with the types of issues faced by the Plaintiffs and are committed to the litigation to ensure that Ohio's children have access to medically necessary services through EPSDT.
The second motion requests the Court to add several new plaintiffs to the case. The proposed intervening Plaintiffs seek to enhance the ability of Plaintiffs to present a representative case to the Court and to strengthen the adequacy of class representation.
In G.D. v. Lumpkin, OLRS alleges that ODJFS violates federal law because it does not have a system in place that allows Medicaid eligible children to apply for and receive necessary treatment services from the EPSDT program. The lawsuit and any settlement seek to address the barriers encountered by the Plaintiff Class, by ensuring that Ohio's EPSDT program complies with federal Medicaid law and ensuring that ODJFS is responsive to families in its administration of the EPSDT program. The case is in the U.S. District Court for the Southern District of Ohio.
ABLE is a non-profit regional law firm that provides civil legal assistance to low-income clients in 32 counties in Western Ohio.
Article posted July 22, 2009
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