Proposed Settlement to vs. Taft Case

[Guest guest]

Dear Friend of ASO:

Information from MRDD and OLRS with information on the long standing vs. Taft case regarding residential services in Ohio provided to us courtesy of the ARC of Ohio. We will likely need your assistance early next year in the Ohio Legislature to make certain the state provides the funding necessary to make this settlement a reality. FYI - Please share.

Sincerely,

Barbara C. YavorcikPresidentAutism Society of Ohio701 S. Main St.Akron, OH 44311(330) 376-0211fax: (330) 376-1226email: askASO@...home: byavorcik@...web: www.autismohio.org

---------------------------------------

OHIO DEPARTMENT OF MENTAL RETARDATION

AND DEVELOPMENTAL DISABILITIES

----------

Bob Taft, Governor

W. Ritchey, Director

From: VISIONS NEWSLETTER, Monday, September 25, 2006 Volume 8 Issue 18

v. Taft

Settlement Reached for Additional Medicaid Community Services COLUMBUS (September 25, 2006) - Governor Bob Taft today announced an agreement to settle the long-standing v. Taft class action lawsuit.

If endorsed by the next Governor and General Assembly, it will provide opportunities for an additional 1,500 Ohioans with mental retardation and other developmental disabilities to be served through Medicaid-funded home- and community-based waivers; and allow for the funding and safeguards needed to assure these services.

"I am pleased that all parties were able to work through many complex issues and reach a shared vision for providing residential choices for Ohio's citizens with disabilities," said Taft. "This is a landmark settlement, through which I believe the state can make significant strides in expanding Ohio's capacity to serve these individuals in the community."

The Ohio Legal Rights Service (OLRS) originally filed the case in 1989 on behalf of citizens with disabilities seeking to expand community residential services. The agreement offers new residential choices, including alternatives for individuals who currently reside in institutional settings, but does not require the closure of any public or private facilities. The settlement is conditional upon funding approval in Ohio's next biennial budget.

"This settlement is expanding opportunities for people to receive needed services in a manner consistent with the Ohio Access plan, developed under the leadership of Governor Taft," said W. Ritchey, Director of the Ohio Department of Mental Retardation and Developmental Disabilities (ODMRDD). "These opportunities are possible thanks to the support of the Governor's office, the General Assembly, County Boards of MRDD and many service providers and advocacy groups."

Since January 2000, the Taft administration has improved options to serve people with disabilities in community settings by increasing the availability of Medicaid-funded homes and community waiver services. Since 2000, enrollment in the Individual Options waiver and the Level One waiver has increased by more than 9,200 persons, so that today more than 15,000 individuals receive home and community-based waiver services.

The v. Taft agreement was negotiated among representatives of OLRS on behalf of plaintiffs, the Governor's Office, ODMRDD, the Ohio Department of Job and Family Services, and the Attorney General's Office. A fairness hearing for public comment by interested parties will be scheduled in the U.S. District Court for the Southern District of Ohio.

# # #

Media Contacts: Mark Rickel, Governor's Office, 614-644-0957; Sherry Steinman, ODMRDD, 614-644-0262; or Carmen , ODJFS, 614-466-6650.

-------------------------------------

FROM OHIO LEGAL RIGHTS:

COMMUNITY RESIDENTIAL SERVICES, HOUSING, OBTAINED THROUGHSETTLEMENT

Columbus (September 25, 2006) – The Ohio Legal Rights Service (OLRS) todayannounced that it had reached a tentative settlement in the federal class action case of v. Taft. The proposed agreement will result in state funding for home andcommunity based services over the next two state fiscal years for an additional1500individuals who are currently in an institution or who will be at risk of beinginstitutionalized but could be served in a community setting. In addition, the agreementwill result in the release to county boards of mental retardation and developmentaldisabilities of 4.2 million dollars of state capital funds for housing development for theclass.

“The litigation has been a significant priority for OLRS and its clients for manyyears,†said Carolyn S. Knight, OLRS Executive Director. “The proposed agreement isan important step forward in implementing the Olmstead decision in Ohio. OLRS ispleased that the settlement will provide much needed services in the community tothose individuals with mental retardation and developmental disabilities who havewaited years to receive them,†Knight added.

OLRS Legal Director Kirkman, who is the trial attorney for the class, said: “Welook forward to implementing the agreement. If approved by the Court andimplemented by the state, it will avoid the need for further litigation on this issue overthe life of the settlement.â€

The written details of the settlement are still being drafted, but United States DistrictJudge Edmund S. Sargus, Jr., is expected to issue an order today to vacate the October23rd trial date, and the parties will have 30 days to finalize a written settlement. Noticeof the settlement will then be provided to class members and other interested parties. Afairness hearing must be held before final approval by the Court.

OLRS, an independent state agency, is the federally mandated protection and advocacysystem for people with disabilities in Ohio. Its mission is to protect and advocate, inpartnership with people with disabilities, for their human, civil and legal rights. It isauthorized under both federal and state law to pursue legal remedies on behalf ofpeople with disabilities. The OLRS Commission provides governance and oversight forOLRS.###Contacts: Carolyn S. Knight or Kirkman, 614.466.7264