NewsOctober 1, 2002
KANSAS CITY, Mo. -- A judge Monday denied an advocacy group's request for a temporary restraining order that would have kept changes to Missouri's Medicaid program from taking effect. The order had been sought by Missouri Protection and Advocacy Services, which is suing the state Department of Social Services and the state Division of Medical Services over the changes...
By Steve Brisendine, The Associated Press

KANSAS CITY, Mo. -- A judge Monday denied an advocacy group's request for a temporary restraining order that would have kept changes to Missouri's Medicaid program from taking effect.

The order had been sought by Missouri Protection and Advocacy Services, which is suing the state Department of Social Services and the state Division of Medical Services over the changes.

Those changes were to have gone into effect Tuesday.

The lawsuit, filed Friday in Jackson County Circuit Court, claims that the changes in Medicaid are unlawful and would hurt about 20,000 Missourians. It was filed on behalf of Gina Ecklund of Raytown and Elisie Albright of Holden.

Both participate in the Medicaid program and fear the changes will reduce the services they receive, attorney Steven Mitchell said.

In court Monday, Mitchell said attorneys for the state agencies gave District Judge Thomas C. Clark affidavits saying Ecklund and Albright will continue to receive the same benefits.

"I will believe that when I see it," Mitchell said. "The assurance I got today is only that they were covered until December."

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Scott Holste, a spokesman for Attorney General Jay Nixon's office, which is representing the state agencies, had no comment on the ruling.

At issue is the state's Medicaid "spend-down provision" that allows people with higher incomes to qualify if their medical expenses reduce their available income to 74 percent of the federal poverty level. That's an income of $6,562 annually for an individual.

To qualify for Medicaid, most single adults can earn no more than 77 percent of the federal poverty level, or about $6,828 annually.

More than a week ago, Gov. Bob Holden announced the state was raising Medicaid's income cutoff for the disabled, blind and elderly to 80 percent of the federal poverty level -- about $7,094 annually for an individual.

The change would not affect married couples, whose eligibility level already was slightly higher.

Mitchell said his group would seek a preliminary injunction against the changes as the lawsuit continues through the courts.

Clark did not set any further hearing dates on Monday.

"A lot of it depends on how quickly I'm able to find other plaintiffs in similar circumstances," Mitchell said.

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