May 9--Parents of some autistic children have asked a federal judge to block the state from eliminating funding for specialized services their children have been receiving.
The Ohio Legal Rights Service filed the lawsuit on behalf of the parents in U.S. District Court in Columbus.
It names as defendants the Ohio Department of Job and Family Services and the Ohio Department of Mental Health, the two agencies pushing new rules set to take effect July 1 that effectively will eliminate the Medicaid-funded services.
The parents say the new rules violate the rights of children with disabilities to maintain needed medical services without interruption. Loss of services, they say, will cause their children to lose skills and engage in unwanted and dangerous behavior.
The children have been receiving 35 to 40 hours of treatment a week through Step By Step Academy in Worthington.
The families have not found, nor has the state offered, alternative services, Michelle F. Atkinson, attorney for the families, wrote in a court filing.
State officials announced the rule change last year, saying it was needed to avoid a potential federal crackdown over how states use Medicaid money to fund services for severely disabled children. Federal regulators have not asked for the change, but other states with similar systems have been penalized with loss of federal aid.
"The Ohio Department of Job and Family Services is committed to structuring the Medicaid system so it serves all eligible families and children in a fair and equitable way," spokesman Dennis Evans said Tuesday.
"We are confident that these approved rules bring Ohio in line with federal regulations."
The agency previously noted that of the $5.3 million the state spent on autism treatment last year, half went to Step By Step Academy while the agency treated only 4 percent of all autistic children enrolled in the program.
ccandisky@dispatch.com
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