This report, released in January, 2018 by the U.S. Department of Health and Human Services,' Office of the Inspector General, Administraton for Community Liiving, and Office of Civil Rights acknowledged the systemic shortcomings in protecting residents of HCBS waiver group homes from incidents of abuse and neglect. OIG found that up to 99 percent of these critical incidents were not reported to the appropriate law enforcement or state agencies as required. The report stated, “Group Home beneficiaries are at risk of serious harm. OIG found that health and safety policies and procedures were not being followed. Failure to comply with these policies and procedures left group home beneficiaries at risk of serious harm. These are not isolated incidents but a systemic problem – 49 States had media reports of health and safety problems in group homes.”
The Department of Health and Human Services (HHS) recently published a draft of their Strategic Plan for FY 2018-2022. The plan fails to mention ICF's or to acknowledge the specific needs of people with I/DD.
VOR has submitted point-by-point comments to each of the goals and strategies outlined in the plan.
Read VOR's Comments here
Download the HHS Draft Strategic Plan FY 2018 - 2022
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.
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.
Joey's mother Susan tells the story of Joey's experiences in HCBS waiver settings and how the Jennings family managed to get him the care he needs at the White Haven State Center. (Joey's story was featured in the December, 2017 issue of EP - Execeptional Parent Magazine.)
Click here for Joey's Story
