v. Taft - Notice to Class Members

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Dear Friend of ASO:

Following my signature is the formal NOTICE to persons with mental retardation or developmental disabilities in need of community services, per the proposed vs. Taft Settlement.

1. This notice may apply to you if you are a person with mental retardation or developmental disabilities and you want to be on a waiver or live in your own home. This notice may apply to you if you live in an institution or if you are on a waiting list for community services.

2. The purpose of this notice is to tell you about a proposed settlement in a lawsuit that may affect you. the lawsuit was brought by people like you who wanted to have their services in the community, not in an institution. (An "Institution" in this proposed settlement is considered an Intermediate Care Facility for Persons with Mental Retardation (ICF/MR) or a Nursing Home.)

Please read the formal notice for all the details.

If you agree with the consent order, you do not have to do anything.

If you disagree, you must follow the directions outlined in #10 of the notice.

Thanks to the ARC of Ohio and the Ohio DD Council for sharing this with us.

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 Please note: This is provided for information purposes only. The ASO does not endorse or recommend any providers, methodologies or services. Providing this information should not be construed as an endorsement by the ASO, either explicit or impiled.

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NOTICE TO PERSONS WITH MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES IN NEED OF COMMUNITY SERVICES

1. This notice may apply to you if you are a person with mental retardation or developmental disabilities and you want to be on a waiver or live in your own home. This notice may apply to you if you live in an institution or if you are on a waiting list for community services.

2. The purpose of this notice is to tell you about a proposed settlement in a lawsuit that may affect you. The lawsuit was brought by people like you who wanted to have their services in the community, not in an institution.

3. The people who brought the lawsuit (named plaintiffs) were , Kathy R., Claude , and Warren B. Their attorneys are Kirkman and Harry of the Ohio Legal Rights Service. The judge in this case has decided that the four people and their attorneys will fairly represent all people who want to live in a community setting and receive services making the case a “class action.â€

4. The plaintiffs sued state officials responsible for development of community housing and services for people who need them. The defendants are the Governor of Ohio and other state officials who are in charge of Medicaid and MR/DD services in Ohio.

5. After many years of negotiating, the parties agreed to settle this case without a trial. This will allow more people to choose to live in the community and get the services they need.

6. The plaintiffs and the defendants have written down their agreement in a document called a “Consent Order.†The Consent Order has to be approved by the Judge before it is final. Before the Judge decides to approve it, you can tell the Judge if you do not like any part of it. To do this, you must get a copy of the Consent Order by calling 1-800-282-9181. Or you can write to Ohio Legal Rights Service, 50 West Broad Street, Suite 1400, Columbus, Ohio 43215-5923. Or you can look at the agreement online at www.olrs.ohio.gov.

7. The Consent Order requires the defendants to take several steps to give class members the opportunity to choose community based services:

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· The Ohio Department of Mental Retardation and Developmental Disabilities (“ODMR/DDâ€) and the Ohio Department of Job and Family Services (“ODJFSâ€) will request funding for an additional 1500 Individual Option waiver slots to be included in Ohio’s Executive Budget for FY 08-09.

· If the money is not allocated by the General Assembly, the plaintiffs can ask the judge to set the case for trial.

· If the requested funding is appropriated by the Ohio General Assembly and approved by the incoming Governor, the ODMR/DD will make a good faith effort to fill 600 slots during FY 08 and 900 slots during FY 09.

· One hundred (100) slots per fiscal year will be available for persons residing in intermediate care facilities for the mentally retarded (ICFs/MR).

· Forty (40) slots per fiscal year will be available for persons residing in nursing facilities (NFs).ODMR/DD will allocate the rest of the waiver slots to the County Boards of MR/DD according to a formula developed by the ODMR/DD. The formula will include consideration of the person’s position on the waiting list maintained by the County Boards of MR/DD.

If ODMR/DD cannot fill all 1500 slots in FY 08 and FY 09, it will have the slots assigned to individuals by June 30, 2009 and enroll these individuals as soon as possible, consistent with health and safety.

8. The Director of ODMR/DD shall distribute 4.2 million dollars in funds to provide affordable community housing to individuals with MR/DD through non-profit housing corporations contracting with County Boards of MR/DD. After obtaining approval for the funds from the state controlling board, the Director of ODMR/DD shall allocate funds to the County Boards of MR/DD. Seven percent (7%) of the money will be available to make housing accessible for people with mobility and other impairments under the Residential Handicap Accessibility Project.

9. There are other provisions of the Consent Order which include a survey of residents of Developmental Centers (DCs) by ODMR/DD and a survey of private and County Board operated ICFs/MR by ODJFS to determine residents’ preferences for residential placement. The Consent Order also includes various monitoring and enforcement provisions.

10. If you agree with the Consent Order you do not have to do anything. If you disagree with any part of the Consent Order and you want to tell the Judge, you have to do these things:• You must write a letter to the Judge telling him what you do not like about the Consent Order.• On the first page of your letter write in large or underlined letters: “OBJECTIONS TO PROPOSAL IN MARTIN V. TAFT.â€â€¢ Mail your letter to:

Clerk’s Office: Judge Sargus’s docketU.S. Courthouse85 Marconi BoulevardColumbus, Ohio 43215• A guardian of the person of the class member may object on behalf of the class member, but must state in the objection that he or she is the guardian of the class member, along with details of the appointment by the probate court and the name of the class member.

You must do all of this to be sure the Judge will read your letter. You must send your letter before February 13, 2007. If you need help writing your letter to the Judge, you may call Ohio Legal Rights Service at 1-800-282-9181 or ask your QMRP, SSA or nursing home ombudsman for help.

DO NOT CALL THE COURT. THE COURT WILL NOT ACCEPT PHONE CALLS ABOUT THIS. YOU MUST SUBMIT YOUR OBJECTIONS IN WRITING.

11. A hearing will be held on March 5, 2007, at 10:00 o’clock a.m. before the Honorable Judge Edmund A. Sargus, Jr. of the U. S. District Court for the Southern District of Ohio in Columbus, Ohio. The Judge may ask that some people who wrote letters attend the hearing. The Judge will decide whether to approve the Consent Order and allow the lawsuit to end. If the Judge decides to approve the proposed Consent Order, his decision is final.

12. If you have any questions about this case you can call Ohio Legal Rights Service, Intake Worker, 50 West Broad Street, Suite 1400, Columbus, Ohio, 43215, at 1-800-282-9181 or (614) 466-7264. 4