OMAHA, Neb. (AP) — A judge has ordered the Nebraska Department of Health and Human Services to stop excluding Medicaid coverage for some behavioral treatments for children with developmental disabilities, saying policy conflicts with federal law.
Lancaster County District Judge John Colburn issued the order Tuesday in a lawsuit filed on behalf of two children, listed only at "K.D." and "S.L.", who are covered by Medicaid and suffer from severe behavioral disorders. The lawsuit says their doctors recommended a treatment called applied behavior analysis. But the state agency's contractor denied Medicaid coverage for the treatments, enforcing a state regulation that says applied behavior analysis is excluded from coverage.
Colburn agreed with those suing who said the state regulation violates federal law, which requires Medicaid to cover such services deemed medically necessary.
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