Friday, August 8, 2014

DRO warns that current state initiatives will not be enough to forestall legal action

As many of you are most likely aware, there are many changes being made in how individuals with Intellectual and Developmental Disabilities(ID/DD) receive services and supports through out the country, and in particular here in Ohio.

Disability Rights Ohio (DRO) sent a letter 07/01/2014 to the Ohio Department of Developmental Disabilities (DODD), Governor Kasich, the Office of Health Transformation, and the Ohio Department of Medicaid. In their letter DRO recognizes that the State of Ohio has made and is in the process of making changes to how individuals  with ID/DD receive services and supports, however the changes that have been made are not sufficient to address the needs of their findings. Read the article here : http://www.disabilityrightsohio.org/sites/default/files/sites/default/files/u62/DRO_to_Governor_Kasich_et_al_re_ICFs-IID.pdf

July 31, 2014, DRO received a response from DODD that stated the department's position is that they share the vision of the DRO however they did not agree with DRO's findings and an invitation was made for all parties to meet and discuss the issues at hand. Read DODD's response here: http://www.disabilityrightsohio.org/sites/default/files/sites/default/files/u62/Response_to_July_1_DRO_letter.pdf

DRO responded that they would indeed meet with the department. DRO expressed their disappointment in the response from the department and is now threatening legal action for their alleged violations of ADA as well as the rights of individuals with ID/DD. DRO's response here:http://www.disabilityrightsohio.org/news/dro-warns-current-state-initiatives-will-not-be-enough-forestall-legal-action

I am confident that DODD, Governor Kasich, the Office of Health Transformation, and the Ohio Department of Medicaid have the shared vision of DRO as well as those of us that have chosen to make a career in this industry. There is no denying that there are still many areas in which we can improve how we offer support and services to those with ID/DD. That being said, I think the DRO isn't being fair in their assessment and judgement of DODD; nor do I think DRO is being fair in giving the departments ample time to make the necessary and desired changes.

In order for changes on this scale to be successful, care has to be taken in a number areas; financing, adequate and appropriate service providers, community participation-just to name a few. In addition to that, the changes that DRO is demanding doesn't have 100% support from individuals with ID/DD and their families. A common concern that is voiced right now in the heat of all of this is that many state they don't want some of what DRO is demanding; they state that they like their lives.

We have opponents of DRO such as Georgia's Department of Disabilities that state swift and severe changes that they have made in response to pressures from advocacy groups have resulted in some tragedies. It is at this time that they have decided to halt any further transitions from their developmental centers and ICFMRs until at least January 2015 pending further research and development of these new programs.

While I applaud DRO for advocating for the individuals that require supports and services, I would ask that DRO take a bit of a step back, use their efforts to facilitate change with all those involved rather than issue demands that very could prompt rash decisions that in the end may not work to the greater good.

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