Mental health advocates and drug companies won a decision in Ingham Circuit Court Monday to push back a plan set forth by the Michigan Department of Community Health.

Under the plan, a list of particular medications created by state doctors and pharmacists will not be available to low-income patients unless they show evidence they need the drug.

Geralyn Lasher, spokesperson for the department, said they will appeal the decision.

“If we are not able to move forward with the plan we feel there will be irreparable harm,” Lasher said.

The plan, set to go into effect Jan. 14, was designed to control spending on medication for low-income patients. The state spends $1 billion a year in programs.

Lasher said the program was created to eliminate the state purchasing high-priced medications in favor of less expensive alternatives.

It also requires medications to be tested first so the state can approve the purchase. If the medications have poor effects, then the patient must show a need for it.

Lasher said the process is prompt and straight forward.

The court’s decision also allowed four mental health advocate groups and three individual consumers to intervene as plaintiffs in the lawsuit.

The lawsuit was originally filed by the Pharmaceutical Research and Manufacturers of America.

“This is no different than anyone who has Blue Cross Blue Shield or an HMO,” she said. “We simply want to expand that to the remaining population that currently don’t have that authorization.”

Mark Reinstein, vice president of the Mental Health Association in Michigan, said there are several mental-health medications on the state list of previously authorized drugs.

“In too many cases, we feel they would not be able to get them and that would cause irreparable harm,” he said.

Ten of the 40 medication categories created by the state have mental health implications, he said.

Mark Cody, senior attorney for the Michigan Protection & Advocacy Service, said he is counting on the department appealing the decision.

Cody said the process is too dangerous for mental health patients and only comes between patients and doctors.

Bruce Lott, spokesman for Pharmaceutical Research and Manufacturers of America, said if the department does appeal, the organization will object to it.

“It is inappropriate to limit the access to drugs that doctors believe patients need,” he said.

But cuts still need to be made in the budget.

Lasher said $42 million will need to be cut, which could mean limiting prescriptions.

“Today, the judge said state programs should have an open checkbook when it comes to pharmaceutical companies,” she said.