What Is The Martin Settlement?

After more than 18 years, the state of Ohio has decided to settle a long-standing class-action lawsuit that sought to allow individuals with disabilities confined to congregate care facilities to choose what service setting they prefer. Parties to the lawsuit have agreed to a plan that would end litigation and begin the process of allowing a limited number of individuals leave an institutional setting in favor of community-based care if they wish to move.

 

The Settlement proposes that 1500 new Individual Options (IO) Waivers be offered over the next two years. The proposal states that 600 waivers must be provided in 2008 and 900 waivers must be provided in 2009.

 

Why Does Ohio Need Martin?

The settlement puts Ohio one step closer to a full-choice model of services and supports. People with developmental and other disabilities must have the same opportunities and choices available to them as their peers without disabilities who seek a place to live—a personal haven, a place of comfort and safety—which has been chosen or selected by the individual or their family as their “home.”

 

The Ohio Developmental Disabilities Council is part of a national network of state councils that work toward changes in public policy so that people with developmental disabilities are provided opportunities to achieve their maximum potential. The Ohio Developmental Disabilities Council recognizes the right of adult individuals with developmental disabilities to make choices about where and with whom they live and how they will spend their time, and the role of families in making choices and decisions for their minor children.

 

Who Would Be Eligible?

The Settlement proposes that at least 200 waiver slots be made available to individuals residing in an Intermediate Care Facility for the Mentally Retarded (ICF/MR) and at least 80 waiver slots be made available to individuals residing in nursing facilities. Each resident of a state-run developmental center and an ICF/MR

For more information, contact:

8 E. Long St., Suite 1200

Columbus, OH 43215

(800) 766-7426

(614) 466-5205

(614) 644-5530 tty

www.ddc.ohio.gov

 

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Action to Date

 

Judge Edmund Sargus signed the proposed settlement on March 5, 2007, giving the Ohio General Assembly three months to provide funding for 1500 IO waiver slots.

 

The state operating budget, was introduced with $35 Million to provide the waivers under the settlement. The bill is currently being heard by the House Finance and Appropriations Committee.

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