This policy update follows a few Ohio families filing a lawsuit against the ODODD, asking the Ohio Supreme Court to rescind the 4-6 month provider replacement search policy.
An Ohio Developmental Disabilities spokesperson said the agency distributed an updated memo detailing the new guidance this week.
“DODD expects that each (county board of developmental disabilities) would re-engage the provider search process annually, to align with the annual planning requirements,” according to the memo. “During the provider search process, the Board would continue to authorize services to the parent through the completion of the process and would only begin to transition services if a willing and able provider is identified.”
Some Ohio parents involved in the lawsuit, including Mason resident Lindsey Sodano, felt the policy was created without following Ohio law and procedure for rulemaking and disrupted care.
Sodano has been working as her child’s direct caregiver since 2022, and she’s also the leader of the advocacy group End Ohio’s Parent Penalty. Her daughter, Mimi, has a rare neurodevelopmental disorder and receives homemaker care services through a Medicaid waiver.
“This is a huge sigh of relief for families,” said Sodano. “It’s proof that when families stand up and speak the truth, we can force change — even from the most entrenched bureaucracies.”
The state’s highest court this week dismissed the lawsuit against ODODD.
The Ohio Attorney General’s Office argued in its motion to dismiss the case, filed in January, that guidance issued by the ODODD that details the provider search timeframe was “advisory on its face” and not an attempt to create new rules.
State attorneys also argued that Ohio law requires county boards to review the propriety of current providers annually, and possibly more frequently if they feel that it is appropriate.
“While there are benefits to allowing some parents to provide these services, there are also significant costs,” attorneys argued. “Once the local county board finds such a provider or direct care worker, that person or agency may work with the minor child for years and eliminate any need for a further search. Such an arrangement provides for more stability for children with developmental disabilities and their families.”
Under Ohio’s administrative code, parents can be employed as the direct care workers for their children through the Medicaid home and community-based waivers. But for the child’s parent to be eligible, there must be “no other willing and able provider or direct care worker available” to provide the waiver services, according to state code.
Although the mandated provider search for Sodano’s family did not find any replacements to care for Mimi, Sodano said the search was a scary process.
According to Sodano, several people applied to work with her daughter. One of the applicants had a listed business address of “123 Main Street, Suite 101, Anytown, USA, 12345.”
If Sodano were to reject her proposed replacement, she would be disqualified as a care worker herself, she said.
Sodano said the update to the policy isn’t the “finish line.” She and her legal team are evaluating their next steps and want to see the mandatory provider searches eliminated.
Editor’s note: This story has been updated to reflect the time of the lawsuit being dismissed by the Ohio Supreme Court.
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