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 our current and past documents here for your convenience.
VOR Survey: Giving a Voice to Families and Guardians of Individuals with Intellectual and Developmental Disabilities in Various Residential Settings
Policy favoring deinstitutionalization has had a major adverse effect on many individuals, with a shift in funding priorities from Medicaid Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs/IID) and other specialized facilities, to smaller service options, such as Medicaid Home and Community-Based Services (HCBS) settings.
On July 3, 2017, VOR's Issues and Oversight Committee submitted comments to David English, Chair of the Committee on Guardianship, Conservatorship, and Other Protective Arrangements Act for the Uniform Law Commission (ULC) at the The National Conference of Commissioners on Uniform State Laws. VOR's submission included an introductory letter to the commissioner, comments on the draft of the Uniform Law, and VOR's position paper on guardianship and supported decision making.
This page contains Mortality Studies submitted by Robert Anthony, PhD. based on data regarding the closure of state-operated Intermediate Care Facilities in Virginia and the subsequent transfer of individuals to group homes and other facilities across the state.