Passed by Congress in 1990, the Americans with Disabilities Act (ADA) is the nation’s first comprehensive civil rights law addressing the needs of people with disabilities, prohibiting discrimination in employment, public services, public accommodations, and telecommunications. Information is continuously updated at the US Department of Justice ADA website. The text of the law as amended and published in the Federal Register on September 15, 2010 is available on this site. Information about the 1999 Supreme Court decision in Olmstaed vs. L.C. can also be found here. The Court held that public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.
Centers for Medicare and Medicaid Rule for Home and Community Based Services. The intent of this rule published in January 2014 is to ensure that individuals receiving long-term services and supports through home and community based service (HCBS) programs under the 1915(c), 1915(i) and 1915(k) Medicaid authorities have full access to benefits of community living and the opportunity to receive services in the most integrated setting appropriate. See the CMS webpage on Home and Community Based Services for more information.
link to Ohio Department of Developmental Disabilities Transition Plan information page. This page has information about how Ohio plans to comply with the new CMS rule for Home and Community Based Services.
Draft of Ohio’s Transition Plan 12/15/14
This plan outlines the steps Ohio is will take to comply with the rule governing home and community based services that was published by the Centers for Medicare and Medicaid services in January 2014.
Powerpoint presentation from Transition plan information forum
These slides were presented by Lori Horvath DODD Deputy Director of Medicaid Development and Administration and Kristen Helling, DODD Employment First Project Manager to help explain the process by which the transition plan was developed and how it will move forward.
July 2014 Summary of DD legislation and interpretation This is a summary from High Impact Mission-based consulting of recent events and decisions across the country and how they will affect decision making in Ohio.
Disability Rights Ohio
DRO Class Action lawsuit filed 3/31/16 on behalf of Ohioans with DD who currently reside in Intermediate Care Facilities or are at serious risk for admission to an ICF because Ohio does not provide adequate funding for home and community based services. DRO has issued a fact sheet explaining the lawsuit.
Disability Rights Ohio letter outlining their findings that the State of Ohio is in violation of federal law under the Americans with Disabilities Act and the Olmstead U.S. Supreme Court decision July 1, 2014.
Frequently Asked Questions about Community Integration (12/19/14) outlines the questions and concerns that DRO representatives have heard most often in their interactions around the state regarding the changes in Ohio’s Developmental Disabilities system.
Disability Advocacy Alliance
The Disability Advocacy Alliance is a volunteer organization formed in Ohio 2015. The DAA maintains that DRO does not represent all Ohioans with disabilities. They believe that forced integration through closure of Intermediate Care facilities violates a person’s right to choice as upheld by the 1999 Supreme Court decision in Olmsted v. L.C.
The ABLE (Achieving a Better Life Experience) Act was signed into law on Dec 22, 2014. This law provides a means for individuals and families to open savings accounts to address disability needs without loss of federal program benefits such as Supplemental Security Income (SSI) or Medicaid.
10 Things to Know about the ABLE Act (Autism speaks)
Ohio’s version is called the STABLE account. Information and a sign-up option for updates is available at the Ohio Treasurer’s website.
Department of Justice Settlement Agreement with Rhode Island to resolve violations of the Americans with Disabilities Act April 8, 2014