Federal judge upholds prescription limit

TULSA, Okla. (AP) _ A state agency's right to cut prescription benefits for Medicaid enrollees was upheld by a federal judge. <br><br>U.S. District Judge James Payne ruled Monday that the Oklahoma

Tuesday, November 5th 2002, 12:00 am

By: News On 6

TULSA, Okla. (AP) _ A state agency's right to cut prescription benefits for Medicaid enrollees was upheld by a federal judge.

U.S. District Judge James Payne ruled Monday that the Oklahoma Health Care Authority's decision to limit enrollees in the Medicaid Home and Community Based Services Waiver Program to five prescriptions per month was warranted to reduce, rather than eliminate, the program.

``Given this reality and the state financial crisis,'' Payne wrote in his order, ``the defendants have made a reasonable move to reduce the optional program rather than eliminate it altogether as the state could.''

Three Tulsa women sued the health care authority in October when the cuts to prescription benefits took effect, saying patients who use the program require more than five prescriptions a month to survive.

Plaintiffs' attorney Mo Bernstein said he was disappointed with the ruling and an appeal is possible.

Andrew Tevington, deputy general counsel for the authority, said Monday, ``We're happy that the court recognized our need to live within our budget.''

In the wake of a $213 million state revenue shortfall, the Office of State Finance ordered state agencies in September to cut their budgets by 4.75 percent.