James Fisher, et al., Respondents, v. Steve Roling, Director, State of Missouri, Department of Social Services, Division of Medical Services, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: James Fisher, et al., Respondents, v. Steve Roling, Director, State of Missouri, Department of Social Services, Division of Medical Services, Appellant. Case Number: ED83732 Handdown Date: 06/29/2004 Appeal From: Circuit Court of the City of St. Louis, Hon. Steven R. Ohmer Counsel for Appellant: Ronald Molteni and Denise LeAnne Thomas Counsel for Respondent: Thomas Kennedy, Deborah Greider, John Ammann and Barbara Gilchrist Opinion Summary: The director of the Missouri department of social services, division of medical services (division), appeals from the court's judgment declaring that the division's actions in suspending or terminating the state of Missouri's Medicaid adult eyeglasses service, by emergency rule and other non-statutory means, violated section 208.152.1(15), RSMo 2000, and permanently enjoining the division from re-enacting an emergency rule or implementing a non-statutory policy to suspend or eliminate Missouri's Medicaid adult eyeglasses program. AFFIRMED. Division Three holds: The analysis set forth in Serveller McNeil-Terry v. Roling , ED 83731 (Mo. App. E.D. June 29, 2004), a case involving similar issues regarding Missouri's Medicaid adult dental services program, applies to this case. Accordingly, for the reasons stated in Serveller McNeill-Terry the judgment is affirmed. Citation: Opinion Author: William H. Crandall, Jr., Judge Opinion Vote: AFFIRMED. Ahrens, P.J., and Mooney, J., concur. Opinion:

Defendant, Steve Roling, Director, Missouri Department of Social Services, Division of Medical Services

(Division), appeals from the judgment of the trial court declaring that the Division's actions in suspending or terminating the State of Missouri's Medicaid adult eyeglasses service, by emergency rule and other non-statutory means, violated section 208.152.1(15) RSMo 2000 and permanently enjoining the Division from re-enacting an emergency rule or implementing a non-statutory policy to suspend or eliminate Missouri's Medicaid adult eyeglasses program. Today, this court affirms the judgment in a companion case, Serveller McNeil-Terry v. Roling , ED 83731 (Mo. App. E.D. June 29, 2004), which involves similar issues but addresses Missouri's Medicaid adult dental services program. The analysis set forth in Serveller McNeill-Terry applies to this case. Accordingly, for the reasons stated in Serveller McNeill-Terry the judgment is affirmed. (FN1) Footnotes: FN1. Plaintiffs' motion for attorneys' fees incurred on appeal pursuant to section 536.050 RSMo 2000 is denied without prejudice to plaintiffs' right to pursue the motion before the trial court where a motion for attorneys' fees at trial is pending. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.