Filed Date: Dec. 6, 2016
Closed Date: Jan. 18, 2018
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This is an action brought in the District Court for the Western District of Texas (San Antonio Division) by three Medicaid-eligible children diagnosed with autism spectrum disorder who have a medical need for Applied Behavior Analysis (ABA) therapy. Plaintiffs, represented by Disability Rights Texas, alleged that the Commissioner of the Texas Health and Human Services Commission and the Texas Medicaid Director failed to cover medically necessary ABA therapy in violation of the Medicaid Early Periodic Screening Diagnosis and Treatment (EPSDT) provision of the federal Medicaid Act. Plaintiffs sought coverage of ABA as an EPSDT benefit, and on December 6, 2016, sued under 42 U.S.C. Sections 1396a(a)(43), 1396d(r) through 42 U.S.C. Section 1983. On December 13, 2016, plaintiffs filed a motion for preliminary injunction because the children’s conditions would deteriorate, regress, and they would suffer irreparable harm if the ABA services were not provided. Orlando Garcia, Chief U.S. District Judge was assigned to the case.
The parties entered into settlement negotiations, and on April 12, 2017, the court administratively closed the case pending settlement. Having reached a private settlement, the parties agreed to a joint dismissal on January 18, 2018, and this case is now closed.
Summary Authors
NDRN (12/17/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/56780136/parties/awet-al-v-smith/
Garcia, Orlando Luis (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/56780136/awet-al-v-smith/
Last updated Aug. 6, 2025, 11:42 p.m.
State / Territory: Texas
Case Type(s):
Public Benefits/Government Services
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: Dec. 6, 2016
Closing Date: Jan. 18, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
3 children, by and through their parents
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Commissioner of the Texas Health and Human Services Commission, State
Defendant Type(s):
Case Details
Causes of Action:
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability and Disability Rights: