COLUMBUS, Ohio (AP) — An Ohio legislative panel actedconsistently with state law and standard
practice when it approved arequest to fund an expansion of the Medicaid program last month, stateattorneys
argued in a court filing Monday.Two anti-abortiongroups and six Republican state representatives are suing
the stateControlling Board and Ohio’s Department of Medicaid over the decisionthat bypassed the General
Assembly. They want the Ohio Supreme Court toorder the board to declare its decision as void and stop
Medicaidofficials from using the board’s approval to move forward with coveringthousands more people under
the federal-state health program.Thegroups and lawmakers have claimed such a ruling is necessary to
preventserious harm to the checks and balances of government. But attorneys forthe state said not only was
the decision legal, the plaintiffs lackedstanding to bring the case among other arguments.At issue iswhether
the quietly powerful Controlling Board thwarted the intent ofthe Legislature by allowing $2.56 billion in
federal money to be spenton the extension of Medicaid. Roughly 366,000 Ohioans would be newlyeligible for
the health coverage beginning in January.Gov. JohnKasich’s administration brought the funding request to the
panel. Theseven-member board, which handles certain adjustments to the statebudget, approved the expansion
money Oct. 21.Under state law, theControlling Board is to carry out the "legislative intent" of
theGeneral Assembly regarding program goals and levels of support for stateagencies.In the two-year state
budget that lawmakers passed inJune, majority Republicans inserted a provision that would have barredthe
Medicaid program from covering the additional low-income residentsallowed under the new federal health care
law. Kasich, who’s also aRepublican, later vetoed the item.State Solicitor Eric Murphywrote that Ohio law
directs the Controlling Board to determine thelegislative intent through binding acts, taking into account
thegovernor’s vetoes, rather than versions of bills that never became law.Murphycontended the plaintiffs’
argue otherwise. And if their argument isaccepted, he wrote, it "would undermine two foundational
principles ofour democracy: the rule of law and the separation of powers. It must berejected."The Ohio
Federation of Teachers and the American CancerSociety Cancer Action Network along with legal aid and
consumer groupshave filed an amicus brief urging the high court to deny the plaintiffs’request and dismiss
their complaint.Attorneys for the more thantwo dozen groups said that if the lawsuit were successful,
theplaintiffs "would have ripped away the lifeline of Medicaid expansionfor low-income Ohioans for an
undetermined period of time, during whichtime an unknown number of low-income adults in Ohio would
deteriorateemotionally and physically and some would die — due to the lack ofhealth care."The Ohio
National Guard Association, the ColumbusChamber of Commerce, AARP, Ohio Senate Democrats, and health
careadvocates have also filed briefs in support of the state’s position.Copyright 2013 The Associated Press.
All rightsreserved. This material may not be published, broadcast, rewritten orredistributed.ANN SANNER, Associated PressCOLUMBUS, Ohio (AP)
— An Ohio legislative panel actedconsistently with state law and standard practice when it approved arequest
to fund an expansion of the Medicaid program last month, stateattorneys argued in a court filing Monday.Two
anti-abortiongroups and six Republican state representatives are suing the stateControlling Board and Ohio’s
Department of Medicaid over the decisionthat bypassed the General Assembly. They want the Ohio Supreme Court
toorder the board to declare its decision as void and stop Medicaidofficials from using the board’s approval
to move forward with coveringthousands more people under the federal-state health program.Thegroups and
lawmakers have claimed such a ruling is necessary to preventserious harm to the checks and balances of
government. But attorneys forthe state said not only was the decision legal, the plaintiffs lackedstanding
to bring the case among other arguments.At issue iswhether the quietly powerful Controlling Board thwarted
the intent ofthe Legislature by allowing $2.56 billion in federal money to be spenton the extension of
Medicaid. Roughly 366,000 Ohioans would be newlyeligible for the health coverage beginning in January.Gov.
JohnKasich’s administration brought the funding request to the panel. Theseven-member board, which handles
certain adjustments to the statebudget, approved the expansion money Oct. 21.Under state law, theControlling
Board is to carry out the "legislative intent" of theGeneral Assembly regarding program goals and
levels of support for stateagencies.In the two-year state budget that lawmakers passed inJune, majority
Republicans inserted a provision that would have barredthe Medicaid program from covering the additional
low-income residentsallowed under the new federal health care law. Kasich, who’s also aRepublican, later
vetoed the item.State Solicitor Eric Murphywrote that Ohio law directs the Controlling Board to determine
thelegislative intent through binding acts, taking into account thegovernor’s vetoes, rather than versions
of bills that never became law.Murphycontended the plaintiffs’ argue otherwise. And if their argument
isaccepted, he wrote, it "would undermine two foundational principles ofour democracy: the rule of law
and the separation of powers. It must berejected."The Ohio Federation of Teachers and the American
CancerSociety Cancer Action Network along with legal aid and consumer groupshave filed an amicus brief
urging the high court to deny the plaintiffs’request and dismiss their complaint.Attorneys for the more
thantwo dozen groups said that if the lawsuit were successful, theplaintiffs "would have ripped away
the lifeline of Medicaid expansionfor low-income Ohioans for an undetermined period of time, during
whichtime an unknown number of low-income adults in Ohio would deteriorateemotionally and physically and
some would die — due to the lack ofhealth care."The Ohio National Guard Association, the
ColumbusChamber of Commerce, AARP, Ohio Senate Democrats, and health careadvocates have also filed briefs in
support of the state’s position.Copyright 2013 The Associated Press. All rightsreserved. This material may
not be published, broadcast, rewritten orredistributed.