Parents' League for Effective Autism Services (PLEAS) Lawsuit
On May 2, 2008, the Ohio Legal Rights Service (OLRS) filed a motion and complaint in the U.S. District Court, Southern District of Ohio, seeking a temporary restraining order (TRO) and declaratory and permanent injunctive relief prohibiting 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, from enforcing proposed rules that would eliminate Medicaid reimbursement for medically necessary services currently delivered to children with autism. OLRS alleges that the proposed rules would violate the right of children with disabilities to maintain, without interruption, needed medical services, and that without the needed services, the Plaintiff children risk suffering loss of skills, increase in unwanted, often dangerous behaviors, and placement in a segregated special education classroom or institutional care.
The suit stems from complaints OLRS received from families of children with autism. OLRS filed a motion and complaint on behalf of Parents' League for Effective Autism Services (PLEAS), an association of parents and families who receive Medicaid services. Membership of PLEAS includes the named Plaintiffs and other parents, families, and children not individually named in OLRS' complaint. Three children were also named as plaintiffs.
Case activity
- September 18, 2009: A preliminary pretrial conference was held on September 16. The parties agreed to engage in settlement discussions which may begin in October. Read the Preliminary Pretrial Order (PDF file)
- July 29, 2009: Sixth Circuit affirms District Court's decision to uphold preliminary injunction continuing necessary ABA services for children with autism and remands case for trial
- April 30, 2009: OLRS presents oral argument in the Parents' League for Effective Autism Services (PLEAS) case
- January 26, 2009: PLEAS v. Helen Jones-Kelley, et al. - Joint Reply Brief of Defendants-Appellants (PDF file)
- January 23, 2009: OLRS receives broad support for PLEAS appeal
- January 12, 2009: OLRS files brief asking court to uphold decision
- July 17, 2008: Judge Graham has denied a stay of the injunction in the PLEAS case; he has also stayed further activity at the trial court. Read the Order Denying Motion (PDF file) and Order Staying Case (PDF file)
- June 30, 2008: Judge orders preliminary injunction
- June 30, 2008: Federal Judge rules in favor of children and families receiving medically necessary services through Medicaid
- June 23, 2008: CMS to be Defendant; Hearing for Temporary Restoring Order Scheduled
- May 6, 2008: Parents' League for Effective Autism Services (PLEAS) Lawsuit Update
- May 2, 2008: OLRS Files Complaint: Seeks to Prohibit Reduction in Medically Necessary Services for Children with Autism
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