Kucinich Files Friend of the Court Brief In Martin v. Taft Case
Washington,
Sep 8, 2004 -
Late last night, Congressman Dennis J. Kucinich filed papers with the U.S. District Court for the Southern District of Ohio to oppose the elimination of federal Medicaid funding for mentally retarded and developmentally disabled constituents who live in Intermediate Care Facilities, or "ICFs."
The case, "Martin v. Taft," was brought to the court by one state agency, the Ohio Legal Rights Service, in a class action against the Governor of Ohio and two other state agencies, the Ohio Department of Mental Retardation and Developmental Disabilities and the Ohio Department of Jobs and Family Services.
Last night, Kucinich filed his motion for admission as a Friend of the Court, and his brief in opposition to a Consent Order, signed by the plaintiff and defendant state agencies. "At the very least, the court should recognize this as the conflict of interest that it is: the State of Ohio suing the State of Ohio to eliminate federal funding for an Ohio program that helps Ohioans most in need of help," stated Kucinich.
The Consent Order, if approved by the court, would eliminate ICFs for the mentally retarded as an optional service under the State of Ohio's Medicaid program. ICFs provide live-in care to severely disabled children and adults who cannot be cared for at home or elsewhere, often with the help of the federal Medicaid program.
"The State of Ohio is trying to take away live-in programs that help the helpless, leaving this vulnerable population ever more vulnerable," continued Kucinich. "I oppose this backdoor method of eliminating a federal program to help the people of Ohio.”
Kucinich was contacted recently by the parents of mentally retarded ICF residents, ICF owners and operators, and governmental and non-profit agencies which provide services to the mentally retarded and developmentally disabled. These constituents voiced grievances at their inclusion in the class of plaintiffs without notification of the internal negotiations between the one state agency plaintiff and the two state agency defendants.
