Court rejects Medicaid funds for assisted living before plan

CINCINNATI (AP) — A federal appeals court has rejected a lawsuit that sought retroactive payment for assisted-living services for people on Medicaid.

The 2013 complaint said Ohio was illegally omitting Medicaid coverage for people between the time they required assisted-living services and when a plan was authorized allowing the payments.

Medicaid is a state and federal program serving poor families and children.

The 6th U.S. Circuit Court of Appeals on Friday overturned a judge’s decision that backed the retroactive payments.

The appeals court said federal law permits Medicaid payments only for assisted-living services that are authorized by an approved service plan ahead of the payments being made.

Janet Pecquet (pee-kay), an attorney representing assisted-living residents, said the ruling leaves people at risk of being forced out of such facilities for nonpayment.

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