Franklin County Ohio Defies Federal Free Choice of Provider Law
**BREAKING NEWS** Franklin County proclaims, "Free choice of provider does not apply." This violation has already been reported to federal authorities, but every family caregiver who lives in this county should consider filing a federal ADA complaint.
**UPDATE: Complaints to the Department of Justice are already rolling in. If you are a parent of a minor (or a spouse) who has a waiver in Franklin County, please be sure to join our private discussion group, where you can get step-by-step instructions for how to file your civil rights complaint: https://www.facebook.com/groups/ohioddfamilycaregivers
#payfamilycaregivers #ohioparentpenalty #familiesfirst
What Should My New DSP Pay Be?
New pay rates start on January 1, 2024 for both independent and agency providers. DSPs are banned from unionizing, which means agency workers will need to negotiate their raises personally. Here's a quick overview of how to figure out what your agency is being paid for your labor so you can negotiate from a position of knowledge. Remember, the new law doesn't require agencies to give you a raise. It's up to you to negotiate that on your own.
Ohio's Provider of Last Resort Rule Overview
While the government officials who rule arbitrarily over our lives are enjoying the holidays, parents of minors who have been working as caregivers for almost four years are worried about what's to come in 2024. Here's a quick explanation of Ohio's new "provider of last resort" rule. #payfamilycaregivers #ohioparentpenalty 😡
Ohio Family Caregiver Hearing
Thank you, Rep. Skindell for caring about how the "provider of last resort" rule will burden Ohio families. Unfortunately, when the representative asked Ohio's "advocacy organizations" to step up to the podium and testify, it turned out none of them had bothered to show up for the hearing. 😢
Ohio Family Caregiver Rule Update
ODM, DODD, and county boards are releasing guidelines and rules related to parents of minors being paid for their work, but this rule full of sick, cruel barriers designed to coerce as much free labor as possible out of parents and keep them living in a constant state of dread is NOT final yet. Parent care workers still have one more chance to help make things right!
Have you decided how you will testify for the family caregiver rule yet? Here's some info:
--SUBMIT TESTIMONY on the FAMILY CAREGIVER RULE—
**EMAIL by NOVEMBER 10th to be SAFE**
Email to: [email protected]
To Whom It May Concern:
I appreciate the opportunity to testify on the matter of the family caregiver rule, specifically, Ohio Administrative Code 5160-44-32. It is a critical issue that affects countless families across our state.
Recently, I was heartened to hear CMS Director Daniel Tsai refer to paid parents and spouses as "the silver lining of the pandemic." The dedication of family caregivers allowed individuals to remain in the comfort of their homes and communities during the worst caregiver shortage in our nation’s history, promoting not just survival but flourishing under their loving care. While Ohio's consideration of a permanent policy for compensating legally responsible caregivers is commendable, the current draft of the rule carries significant drawbacks, some of which are the result of undue influence by the Ohio Association of County Boards of Developmental Disabilities.
One key concern I have is with section (E)(1)(a), which stipulates that a parent or spouse can only be considered as a paid caregiver when "There is no other willing and able provider or direct care worker available." This provision directly contradicts both state and federal free-choice-of-provider laws, such as OAC 5160-41-08 and OAC 5123-9-11, which mandate adherence to federal free-choice-of-provider regulations, namely 42 C.F.R. 431.51. This principle allows individuals to select the most suitable caregiver based on their unique preferences and needs. Section (E)(1)(a) goes against existing law and needs to be removed.
Second, (E)(2)(a) requires a parent of a minor or a spouse who is working as a provider for their loved one to be employed by an agency. This means there will be less oversight over these workers than there is for parents and guardians of adults,
Ohio, Testify on November 13
--FINAL CHANCE to SUBMIT TESTIMONY on the FAMILY CAREGIVER RULE—
**EMAIL by NOVEMBER 10th to be SAFE**
Email to: [email protected]
To Whom It May Concern:
I appreciate the opportunity to testify on the matter of the family caregiver rule, specifically, Ohio Administrative Code 5160-44-32. It is a critical issue that affects countless families across our state.
Recently, I was heartened to hear CMS Director Daniel Tsai refer to paid parents and spouses as "the silver lining of the pandemic." The dedication of family caregivers allowed individuals to remain in the comfort of their homes and communities during the worst caregiver shortage in our nation’s history, promoting not just survival but flourishing under their loving care. While Ohio's consideration of a permanent policy for compensating legally responsible caregivers is commendable, the current draft of the rule carries significant drawbacks, some of which are the result of undue influence by the Ohio Association of County Boards of Developmental Disabilities.
One key concern I have is with section (E)(1)(a), which stipulates that a parent or spouse can only be considered as a paid caregiver when "There is no other willing and able provider or direct care worker available." This provision directly contradicts both state and federal free-choice-of-provider laws, such as OAC 5160-41-08 and OAC 5123-9-11, which mandate adherence to federal free-choice-of-provider regulations, namely 42 C.F.R. 431.51. This principle allows individuals to select the most suitable caregiver based on their unique preferences and needs. Section (E)(1)(a) goes against existing law and needs to be removed.
Second, (E)(2)(a) requires a parent of a minor or a spouse who is working as a provider for their loved one to be employed by an agency. This means there will be less oversight over these workers than there is for parents and guardians of adults, who often work as independent providers and participate in in-depth compli
Have you read the latest draft of Ohio's new family caregiver rule? Here's a quick video review.
Send Ohio Medicaid Waiver Comments
**GET YOUR OBJECTIONS ON RECORD WITH CMS! PLEASE SEND COMMENTS BEFORE THE 9/27/23 DEADLINE.**
Instructions: To make sure objections to bad policies in the family caregiver rule are on record, copy the text below and paste into a blank email. In the subject line, write “Waiver Amendments Feedback.” Send to all four of these email addresses, because OAC 5160-44-32 affects all of these waivers.
[email protected]
[email protected]
[email protected]
[email protected]
Greetings,
I appreciate the opportunity to contribute my comments regarding the proposed amendments to the IO, Level 1, SELF, PASSPORT, Ohio Home Care, and MyCare waivers. Each of these waiver applications directs readers to find specifics on payment to family caregivers located in OAC 5160-44-32, which has not yet been finalized. The following are my comments related to the family caregiver provisions referenced in the draft rule listed in the six waiver applications:
Please eliminate the discriminatory provision in 5160-44-32 (E)(1)(a) that restricts legally responsible individuals to serve as care providers only when no other provider is available. There is no empirical data to support the notion that legally responsible individuals are less capable caregivers than strangers and should be only considered as a last-choice option. In fact, all available data on the wildly successful parent caregiver programs during the public health emergency proves the opposite.
Please remove the stipulation in 5160-44-32 (E)(2)(a) requiring that the legally responsible individual must be employed through an agency. This requirement is unnecessary given that independent providers in Ohio undergo greater oversight and scrutiny than agency employees. There is no empirical data indicating that legally responsible individuals provide inferior care as independent contractors compared to working as agency employees. This requirement to work through an agency reduces caregiver pay,
**LAST DAY FOR COMMENTS**
Send your comments TODAY on the proposed family caregiver rule! Today is the final deadline—Please copy, paste into an email, edit if you like, and send to the following email address:
[email protected]
Subject line: Comments for Draft Rule 5160-44-32
Thank you for considering these comments about this critical issue.
Please remove (D)(a). There is no CMS requirement that the parent or spouse be the last resort caregiver. This line seems inspired by the opinion of the Ohio Association of County Boards of DD (OACBDD) that parent caregivers are “dangerous” (May 2023 letter). There is no evidence of this, and in fact, HHS leadership stated, “We approve [parents of minors policies] as soon as [states] ask for it with no further requirements at all” (Rachel Pryor, Senior Advisor to Secretary Becerra, 7/10/23 conference call). Likewise, CMS leadership stated, “We want this to happen in as much of the country as possible” (Dan Tsai, Deputy Administrator and Director of CMS, 5/23/23 conference call). Opponents of compensating parents for their labor have not presented any data to prove that parents are a “dangerous” last resort option, and parents should not be treated as such by this rule.
Please change (D)(2)(c) back to the original maximum of 40 hours per parent, not total per child. Cutting the maximum hours allowed in half appears to be inspired by the false data OACBDD circulated when lobbying to end the paid parent policy altogether. Ohioans require our leaders to make decisions based on real numbers, not phony ones. To review, the OACBDD claimed in a May 2023 letter that up to 40,668 children may be eligible to receive an average of 40 hours per week of paid parent care. This is a false statement meant to trick you into cutting services for the most severely disabled children. Only a little over 3,000 children in Ohio even have an IO, SELF, or Level 1 waiver in the first place, and roughly three quarters of thos
The updated rule for parents of minors and other family caregivers came out and you will never BELIEVE what they stuck in there this time!
The ban on family caregivers for minors sneakily tucked into the Ohio budget bill is insidious and disgusting, but you should at least know that y'all did an amazing job during the public comment period for the family caregiver draft rule. Here's another factoid the Sunshine Law records request turned up:
The question on everyone's mind this week: Who wants so badly to ban paid parent caregivers for minors with DODD waivers? We dug up the answer.
--THANK YOU for SHARING--
Here’s how to send suggestions for changes to Ohio's proposed family caregiver law:
Copy the text below, paste into an email, make any changes you would like, and then email to each of these addresses:
[email protected]
[email protected]
[email protected]
[email protected]
Thank you for the opportunity to provide the following recommended changes to Draft Rule 5160-44-32:
Recommend deleting (D). This is not required by CMS and discourages foster parents from assisting children with serious disabilities.
(E) None of these extra regulations are required or recommended by CMS. Dan Tsai, Dir. of CMS stated on 5/23/23, “We will tell the state in extra bold letters there are absolutely no federal barriers to paying parents and legal guardians.” The proposed regulations enshrine in the OAC the idea that parents of minors are the least preferable option and are only acceptable as a highly unpalatable last resort. This is discriminatory and is based on someone’s personal biases against parent caregivers rather than any empirical data to support the claim that parents of minors provide worse care than strangers. Parents of minors pass all the same trainings, background checks, and reviews as unrelated caregivers. Parents also have direct knowledge of the child’s needs that can never be matched by a stranger. Parents never call in sick. They never take a vacation day. Far from being the worst caregivers; they are best. Recommendation to delete the following language from (E): “only if all of the following conditions are met:”
Recommend deleting the following:
(E)(1) One or more of the following is the case;
(a) Services are needed from the legally responsible family member while a willing and able direct service worker/provider is sought; or
(b) The legally responsible family member has had a change in work status due to meeting the care needs of the individual; or
(c) The legally
The Ohio Dept. of Medicaid released the draft of the Extraordinary Care Instrument today. This test will determine whether parents of minors and spouses may qualify to provide paid care. Take a tour of the test in this quick video, and if you'd like, leave a comment about age ranges for typically developing children to accomplish the tasks listed.
Some folks are insisting the new rules about certain family caregivers needing to work through agencies don't apply to DODD waiver services. They absolutely DO apply, but don't take our word for it. Watch this 5-minute video and see for yourself how the proposed rule is written. Then write to the state and recommend they change this proposed rule if you don't like it.
