The Center for Public Representation (CPR), Disability Rights Ohio (DRO), the law firm of Sidley Austin LLP, and attorney Sam Bagenstos filed the class action lawsuit in March of 2016 along with six named plaintiffs and The Ability Center of Greater Toledo. The Complaint alleged that Ohio’s provision of services for people with intellectual and developmental disabilities violated Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Social Security Act. Subsequently, a group of ICF guardians and the Ohio Association of County Boards for Developmental Disabilities were allowed to intervene as parties to the litigation.
The Court ultimately certified a class consisting of “All Medicaid-eligible adults with intellectual and developmental disabilities residing in the state of Ohio who, on or after March 31, 2016, are qualified for home and community-based services, and, after receiving options counseling, express that they are interested in community-based services.”
In response to the litigation, the Defendants, including the state of Ohio, the Ohio Department of Developmental Disabilities (DODD), the Ohio Department of Medicaid (ODM), and Opportunities for Ohioans with Disabilities (OOD) made a number of improvements to the Developmental Disability service system. These changes included the addition of new home and community-based waiver slots allowing for the transition of over 800 individuals from ICFs, and the development of a targeted options counseling program to inform ICF residents and their families about community-based alternatives.
Subsequently, the parties negotiated and the court approved a comprehensive Settlement Agreement designed to increase access to home and community-based services and provide individuals with intellectual and developmental disabilities a meaningful, informed choice between integrated services and Intermediate Care Facilities (ICFs).
Under the final modified Settlement Agreement, the State committed to a range of system reforms, including the following:
- revising outreach materials and increase access to options counseling and pre-admission counseling programs;
- developing peer-to-peer and family-to-family programs, and offering exploratory community visits so individuals can see what types of service options exist in their preferred geographic area;
- increasing its home and community-based services waiver capacity, providing a total of 700 waiver slots over the first two years of the Agreement, and requesting additional waiver funds in years three and four based on an assessment of unmet demand and anticipated future need; and
- expanding programs for integrated, affordable housing, and integrated employment and day services, providing no less than 36 million in capital housing assistance and funding transformation grants for providers. .
Implementation of the Settlement Agreement was completed, and dismissal of the underlying action approved by the federal court, in 2022.