Federal judge declines settlement on suit over funding care for Ohioans with developmental disabilit

A federal judge in Columbus has declined to sign off on a proposed settlement in a class-action lawsuit over how and where Ohioans with developmental disabilities make their homes (Source: “Judge won’t OK Ohio settlement on funding for care of developmentally disabled,” Columbus Dispatch, Dec. 17, 2019).

Disability Rights Ohio and other legal advocates sued the state three years ago, saying Ohio’s services system often makes it difficult or impossible for people to obtain the Medicaid-funded waivers that allow them to live in their communities instead of institutions. According to the proposed settlement, the state would significantly expand access to the Medicaid-funded waivers that pay for community-based services.

“I think we can all agree that we’re talking about a domino effect here,” said Susan Fox, whose adult son lives in a state-run center in southwestern Ohio. Because the proposal doesn’t mention intermediate care facilities, or ICFs, “We’re afraid the funding will dry up,” she told Sargus. “More ICFs will close.”

Lawyers for the state and the plaintiffs had hoped that Chief U.S. District Judge Edmund A. Sargus Jr. would sign off on the settlement after the hearing. Instead, after listening to opponents for nearly six hours, Sargus said he found the families’ concerns “legitimate.”

Sargus said he is mindful of the need to make sure the pendulum doesn’t swing too far in favor of policies that embrace community-based services but fall short on funding and workers, as happened with the widespread closure of mental institutions.