Right To Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs/IID)
Individuals who qualify for Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs/IID)* under Medicaid have a legal right to such facilities for as long as they remain eligible and choose to do so. Despite a deinstitutionalization effort by those opposed to congregate care, the ICF/IID program remains a legally enforceable federal entitlement under Medicaid. States which have included ICF/IID in their Medicaid State Plans, but instead offer only Waiver services, are in violation of federal Medicaid law.
VOR continues to support the rights of parents, family members, and concerned individuals as legal guardians of individuals with intellectual and developmental disabilities. We have collected some of the current and past documents here for your convenience.
The U.S. Department of Justice recently issued a request for comments, in response to Executive Order 13777, which requires federal agencies to to evaluate and implement measures to lower regulatory burdens on the American people, Specifically, the Executive Order directs each agency's Regulatory Reform Task Force to identify regulatory actions that do the following:
(i) Eliminate jobs, or inhibit job creation;
(ii) are outdated, unnecessary, or ineffective;
(iii) impose costs that exceed benefits;
(iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;
(v) are inconsistent with the requirements of the Information Quality Act (section 515 of the Treasury and General Government Appropriations Act, 2001, 44 U.S.C. 3516 note), or OMB Information Quality Guidance issued pursuant to that provision, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or
(vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.
On August 14, VOR submitted comments.
Click here to VOR's Comments to the DOJ Request
June 3 - 7, 2017
VOR's 2017 Annual Conference and Washington Initiative was held at the Hyatt Regency Capitol Hill again this year. By all accounts the conference and initiative were a great success, both in terms of reaffirming our committment to VOR's mission and in our efforts to take our message to legislators and their staff members.
Please click on the links below to see some of the materials presented to Congress at the Legislative Initiative and some of the materials and presentations from the Annual Meeting.
Legislative Initiative Materials
2017 State Reports
2017 Supplementary Materials
On March 31, 2016, Disability Rights Ohio (DRO) announced it filed a lawsuit in U.S. federal court against the Governor of Ohio and other state officials on behalf of six individuals and one organization for alleged non-
compliance of the Americans with Disabilities Act (ADA), Section 504, and Medicaid requirements.
DRO claims that the state government has not done enough to prevent Ohioans with developmental disabilities (DD) from being unnecessarily admitted to care facilities that DRO considers to be institutions – places in which people with disabilities live, work, and receive care while separated from the wider community.
VOR supports the rights of families in opposing this action.
To track the progress of the lawsuit, see the links below.
To Donate to the Ball v. Kasich Legal Defense Fund, please Click Here
VOR has established a fund to receive contributions from Ohioans who wish to donate to a legal defense of individuals with intellectual and developmental disabilities (I/DD) whose individual rights, interests and wishes are at risk as a result of claims asserted in the class action suit filed by Disability Rights Ohio (DRO). Monies collected will be used for legal fees relating to representation in connection with the lawsuit.