Good morning,
Today, the Ohio Department of Medicaid and Department of Developmental Disabilities have formally responded to the Disability Rights Ohio (DRO) lawsuit. Our response argues that DRO cannot relitigate this case. This is not the first time DRO has tried
to initiate change - not by working together, but through litigation. In a lawsuit that lasted almost 20 years, DRO agreed to the very course of action the State has implemented. In fact, Ohio has gone further and done more than what was agreed to in that
consent order. Those interested in learning more about our legal arguments can read the the
motion to dismiss.
As Director, I want to assure you that my colleagues and I will not allow this lawsuit to distract us from our core mission at a time when so much progress is being made.
I can tell you with certainty that never in my experience has so much been headed in such a positive direction. The 2015
United Cerebral Palsy report, titled the Case for Inclusion, confirms my thinking. The report ranks Ohio 10th in the nation for community inclusion and integration. That's outstanding progress, considering that less than 10 years ago, Ohio ranked 48th.
This dramatic climb makes Ohio one of the most improved states in the nation.
This progress - which I detail below - has been the result of cooperation and compromise, bringing all parties and points of view together to achieve our common goals. But
the DRO lawsuit is not about cooperation or compromise; it's about mandating that Ohio follow the singular vision of a small group of federally funded attorneys and the out-of-state lawyers they've chosen to argue on their behalf.
As many of you know, since 1999, the number of Ohioans served through home- and community-based waivers has increased from 5,527 to 35,191 individuals in 2015, a greater than
five-fold increase of 537%. By comparison, the number of people receiving services in Intermediate Care Facilities (ICFs) during this period decreased by 20% from 7,917 to 6,367.
In 2015, 85% of individuals with developmental disabilities receiving Medicaid-funded long-term services and supports received waiver services, and 15% were in ICFs. This
is a dramatic change from 1999, when 59% received services in ICFs and 41% were enrolled in waivers. These benchmarks demonstrate considerable and consistent advancement, yet we have not remained content with our progress.
One year ago the Kasich Administration, with the endorsement of the Ohio Legislature, made the most significant investment in the history of the Department, almost $300 million
new dollars. Most of these funds have been used to expand opportunities for Ohioans with developmental disabilities to live, work and play in their communities.
A total of approximately 3,000 new waivers have been funded for this two-year operating budget. Roughly 400 of the new waivers are provided to people who otherwise would have
no choice but to live in a large ICF. Before an individual may be admitted to a large ICF, he or she must receive pre-admission counseling. Diversion waivers are offered to those individuals who choose a waiver instead of admission to the ICF.
Another 736 of the new waivers will be available to residents of an ICF of any size who are interested in leaving. The Department has contracted with an outside organization
to provide options counseling to individuals living in an ICF and information about the availability of a waiver. These initiatives largely ensure that only those individuals who want to be admitted to or remain in an ICF will do so.
The remaining 1,864 waivers are for individuals on waiver waiting lists. We've worked hard to ensure these waivers are distributed fairly and where they'll do the most good.
The Department has targeted counties where waiver penetration is low and allocated waivers to these counties so they can reach the statewide median.
The Department also remains committed to ensuring direct support staff, the backbone of our service delivery system, make a competitive wage. A 6% wage increase for the individuals
that work tirelessly to care for our loved ones was part of the most recent state budget.
While these policy choices were the Department's, they were informed by a representative group of stakeholders, who met for over a year to establish a set of benchmarks that,
in turn, helped to shape the Department's budget. This process, as you might imagine, was punctuated with some spirited debate. There were times I wasn't even sure compromise was possible. However, in the end, agreement was reached. Sitting down and working
through differences and coming to consensus is hard work, it takes time and a willingness for all parties to listen to each other and find middle ground. While I would never argue that our system is perfect or that every need is being met, the answer is not
litigation, but a continuation of the collaborative process already underway.
This progress has meant change; and change, even positive change, does not come about without anxiety. I want to express my sincere gratitude to people with developmental
disabilities and their families, to providers and direct care staff, to county boards and their board members, to everyone who is a part of our system for their support and patience as we continue to move forward to make Ohio a better place for those we serve,
no matter where they choose to live, work or spend their day.
Please contact me, or my staff, if there are additional questions about our motion to dismiss, or any of our efforts to better serve Ohioans with developmental disabilities.
John L. Martin
Director
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