The Ohio Supreme Court denied the writ of mandamus requested by six Republican legislators and Cleveland Right to Life, requesting that the Supreme Court halt the Controlling Board’s approval of funding for medicaid expansion to cover the new group of beneficiaries created by the federal PPACA. The Court found that the relators did not show that the Controlling Board had a clear legal duty under Ohio legislation to not permit appropriation of federal Medicaid funds for the new PPACA category.
The budget bill, (House Bill 153), originally included language prohibiting Medicaid expansion, the Governor line-item vetoed the provision and the legislature did not act to override the veto. Thus the budget legislation, as enacted, gave the state medicaid program authority to cover any federal optional eligibility group which is not addressed by state law.
The Controlling Board acted within its authority and not contrary to legislative intent. The legislative intent of the legislation actually enacted must be considered. To do otherwise would be in violation of the governor’s veto power as set out in the Ohio Constitution.
State ex rel. Cleveland Right to Life, 2013-Ohio-5632.
See our prior post Lawsuit Claims Governor’s Use of Controlling Board to Expand Ohio Medicaid Unconstitutional.
