Tobacco Fight Ahead

Gov. Ted Strickland said he will appeal last week's court ruling blocking Ohio from using tobacco settlement funds for health care services as proposed in the current budget.

The decision by a Franklin County judge bars the state from using $230 million from the Ohio Tobacco Prevention Foundation fund — essentially draining the fund — to pay for Medicaid services and cancer services.

Strickland had first proposed using the tobacco money last year to help finance a $1.57 billion job stimulus plan. The fund's members, who argued the money should be used for anti-tobacco programs, took the state to court to overturn legislation authorizing the move. Since then Strickland has moved to instead use the funds to provide health-care services in the current budget.

In his ruling last Tuesday, Franklin County Common Pleas Court Judge David Fais wrote that the state's move to liquidate the foundation and transfer the money violated the state constitution. He added that the state had a "reasonable alternative" in issuing bonds instead of using the fund money.

Strickland has asked state Attorney General Richard Cordray to rush an appeal of the ruling.

Local media reports quoted Strickland spokeswoman Amanda Wurst as saying the ruling would delay or jeopardize the delivery of health-care services.

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