DODD Martin v. Strickland                                                                                                                                               

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Basic Facts

The Ohio Legal Rights Service (OLRS) originally filed the case in 1989 on behalf of citizens with disabilities seeking to expand community residential services. An agreement to settle the long-standing suit was reached in 2006 and accepted by the court in March 2007. Funding to meet the conditions in the Settlement Agreement was received in the form of a new line-item budget allocation to DODD.

  • Essentially, the lawsuit was about increasing community placements, particularly home and community based waivers, so that more people could leave institutions if they desired, or enroll in a waiver, thereby reducing the likelihood of institutional care in the future.
  • DODD has completed its implementation of the Martin Settlement by enrolling 1,500 new individuals on the state funded waivers. At the time of allocation, 77 individuals lived in state operated Developmental Centers, 240 lived in Intermediate Care Facilities for the Developmentally Disabled operated privately or by DD boards, 87 lived in Nursing Facilities, and 1,096 lived in other settings, including their natural homes.
  • Implementation of the Martin Settlement has been made possible by county DD boards that have identified and enrolled individuals on the IO waiver slots funded by the settlement. As and example, ODDP assessment, Level of Care determination, PICT identification, Prior Authorization, if needed, provider recruitment and housing location activities have been completed for individuals funded through the Martin Settlement as they are completed for any other individual being enrolled initially to receive IO waiver services.