While my heart goes out to cash-strapped states struggling desperately to deal with budgets while maintaining services, I nevertheless am heartened for the parents of autistic children in the court’ s finding on this case. The medical community demands compliance with AMA’s vaccination scheduling of healthy little babies. Then when their babies develop autism and other immune related diseases which in many peoples minds, are attributable to these vaccinations – something must be done.
When enough people finally put 2 and 2 together, maybe the states can pursue reimbursement from the Pharmaceutical companies who manufacture the vaccines and the AMA who demands that people submit to their rulings. Jan
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State loses ground in Medicaid autism case
Ohio must keep funding kids’ services
By Alan Johnson
THE COLUMBUS DISPATCH
The state has lost another round in its battle with a group of central Ohio parents over funding Medicaid services for their autistic children.
The 6th U.S. Circuit Court of Appeals upheld a ruling issued last year that the state cannot adopt new eligibility rules that would eliminate or drastically curtail Medicaid services for autistic children. Late last week, the appeals court affirmed a decision by Judge James L. Graham of U.S. District Court in Columbus. He had granted a temporary restraining order blocking the state from implementing new Medicaid rules that would have been effective July 1, 2008. The appeals court said Graham did not exceed his authority as lawyers for the state claimed.
The state is continuing to pay for the autism services, which can run up to $60,000 per year per child, pending appeal.
The Parents League for Effective Autism Services, a group of families of autistic children served by Step By Step Academy in Worthington and represented by Ohio Legal Rights Service, sued the Ohio Department of Mental Health and the Department of Job and Family Services over the proposed changes.
The suit directly affects about 60 families in central Ohio. However, it could have statewide and national effects because it is among the first legal challenges to federal standards for funding autism services, one of the most frequently diagnosed developmental disabilities.
A spokesman for the Department of Job and Family Services said that the agency has no comment pending final disposition of the case.
State officials said the changes are necessary to keep Ohio in compliance with federal Medicaid regulations. Parents countered that the rules violated their rights to service under Medicaid.
The appeals court ruling dealt only with the restraining order and not with the larger issue of what the court called “an ambiguous federal Medicaid provision.” That matter will proceed to trial, but no date has been set.
SMOKINCHOICES (and other musings) 