Sixth Circuit Court rules that state cannot eliminate or curtail Medicaid services for children with autism

From The Columbus Dispatch:

The 6th U.S. Circuit Court of Appeals has upheld a ruling that the state cannot eliminate or drastically curtail Medicaid services for autistic children.

The appeals court, in a ruling reached late last week, said U.S. District Judge James L. Graham did not exceed his authority in granting a temporary restraining order that prevented new state Medicaid rules from taking effect on July 1, 2008.

The state has continued paying for the services 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.

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 did not rule on the heart of the lawsuit which the court said focuses on "an ambiguous federal Medicaid provision."