MR/DD budget preview

Latest ‘Martin’ proposal could affect the MR/DD budget, but new fed grant could provide offset

Feb. 9, 2007 - A proposed settlement may finally be drawing the “Martin” lawsuit to a close. The latest draft says that the ODMR/DD would include in its FY 2008-2009 budget the addition of 1,500 new waiver slots for individuals to receive community residential MR/DD services. Two hundred of those slots would be collectively earmarked for individuals living in Developmental Centers and private Intermediate Care Facilities.

The Martin lawsuit, pending for over 15 years, involves a woman by the name of Nancy Martin (no relation to Dir. John Martin) who lived at the Mount Vernon Developmental Center. Martin’s guardians believed she was improperly placed there.

Significantly for OCSEA members in MR, the proposed settlement does not require closing any facilities or the elimination of DC funding. That’s a major change from past proposals. The current agreement also allows for the back-filling of beds if individuals leave a DC or private institution.

Since the waiver is voluntary, OCSEA’s MR leaders believe that very few DC parents or guardians will use that option. Management is surveying DC parents and guardians to see how many would opt for one of the waiver slots.

 “My guess is only a handful of individuals would leave a DC as a result of this settlement. We agree that individuals should live in the least restrictive, most integrated setting according to their needs. But, for the individuals we serve, the DC is the least restrictive environment,” said MH/MR/OVH Assembly President Monty Blanton.

The bigger concern MR union leaders have with the Martin settlement is its price tag. $23 million in new money may be required to fund the waiver slots. Although the settlement would require the administration to earmark money for all 1,500 slots in its proposed budget, actual funding is contingent on buy-in from the General Assembly.

Money Follows the Person grant
awarded to Ohio

Relatedly, Ohio is one of 17 states to recently receive a large Money Follows the Person grant from the federal government. Ohio was the third-largest recipient of this program and will receive $100 million over five years.

According to the program, state officials will use the grant to identify and relocate Medicaid consumers who have lived for at least six months in nursing facilities, ICF/MRs or hospitals.

Union discussions with ODMR/DD management have centered on how the money might be used to help cover some of the Martin settlement waiver expenses.

These discussions come at a key time because the projected billion-dollar shortfall in the state budget would make it difficult, if not impossible, to allocate General Revenue Fund money to the waivers – at least without taking money from other MR areas.

OCSEA believes that the Money Follows the Person grant could be a way to help pay for those who choose to make the transition without taking scarce GRF dollars away from other MR services.

In general, OCSEA union leaders and their coalition partners like the Ohio League for the Mentally Retarded believe that Money Follows the Person funds should be targeted at getting people off waiting lists, not taking them out of their chosen homes in congregate settings.

An Ohio district court will consider comments and objections regarding the proposed Martin agreement on March 5.