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Alabama, Florida and Georgia are part of a new ruling that will affect thousands of Medicaid recipients. A federal appeals court ruled that state-run insurance plans for the poor and disabled cannot be forced to pay for treatments they deem unnecessary.
The ruling comes after a long battle for a young woman and her family. In 2007 Pamela Moore sued Georgia Medicaid on behalf of her daughter, Anna. Anna suffers from near-daily seizures. Her mother filed the lawsuit when the state cut the number of hours her daughter was seen by a home nurse.
Florida and Alabama joined the fight to protect their right to limit service based on "medical necessity". However, advocates for the poor and disabled believe that a doctor, not a state run insurance agency, should decide what is best for a patient.
Over a dozen agencies showed their support for the Moores by filing friend-of-the-court briefs. The organizations included the Florida Pediatric Society, Voices for Georgia's Children and some chapters of the Easter Seals.
"It's disappointing when a doctor's decision based on his or her judgment can't be the final say in the matter," said Katy Neas, vice president of government relations for Easter Seals. "The state has an obligation to control costs, but we think people are the healthiest when they and their doctors can make decisions about what interventions are best."
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