We’ve been hearing that some Ohio Shared Living participants are thinking about quietly defying Ohio’s new proposed travel restrictions for people with developmental disabilities, should they become law. The logic is understandable: since the locations of Ohio Shared Living participants are not tracked through electronic visit verification (EVV), some believe their county board would never know if they took a five-day trip.
But we strongly urge caution.
First, we want to remind everyone: there are still a few days left to submit public comments on this policy. If enough people speak up, there’s a real chance we can stop this unconstitutional rule before it ever takes effect. Commenting is safe, easy, and legal—and it’s one of the most effective ways to influence policy.
But if the rule does go into effect, here’s why we believe it’s a bad idea to just flat out defy it:
1. Legal Challenges Are Safer Than Defying the Law
If you violate the rule and get caught, you may face serious consequences. The draft policy doesn’t spell out what those consequences would be. You could be asked to repay funds, lose your loved one’s waiver, or even be accused of Medicaid fraud. No one knows yet. Do you really want to be the test case?
If you believe the policy is unconstitutional—and we certainly do—the safest path is to comply for now, then challenge it in court. That gives you the legal high ground and protects your loved one from potential fallout.
2. Social Media Isn’t as Private as You Think
Many Ohio Shared Living participants and family members are Facebook friends with people who work in the system, including high-level state officials like Director Kimberly Hauck and Nyoka Craddolph. It is common practice for DODD officials, county board employees, and provider agency owners to use their personal Facebook accounts to observe public discussion and then report back on what they learn. We have always strongly encouraged folks not to buddy up with these folks on social media, and this is one reason why.
Even if you don’t post about your travel, someone else might. A cousin tagging you in beach photos or even writing “So glad to see you and Jared last week!” could easily blow your cover. It’s almost impossible to keep a vacation completely secret on social media—and once it’s public, it can be used against you.
3. They Can Still Inspect Your House—Unannounced
Under DODD’s current policy, county board staff can show up at your house at any time without warning to conduct an inspection—even if the waiver recipient isn’t home or isn’t receiving any Medicaid-funded services at the time. We are actively challenging this policy in court, but until that lawsuit prevails, it remains DODD’s official position. DODD calls these unannounced inspections “a vital tool” for “monitoring” people with developmental disabilities and their families.
We’ve documented at least one case where a Service and Support Administrator (SSA) walked around the exterior of a house, peeking through windows. In another incident, an SSA tried to coerce a minor child (teenager) into letting them in while the disabled individual wasn’t even home and no adults were present in the house. If the county board suspects you've traveled without approval, they may use this authority to "check in" on your home.
We’re not trying to scare anyone—but we do want to be real about the risks.
We’re not attorneys and can’t give legal advice, so please talk to your lawyer if you're unsure what to do. But in general, we believe challenging the law through the courts is much safer than simply pretending the law doesn’t exist.
In the meantime, please keep sending in your public comments. We’re close to the deadline—but we’re not out of time yet.
Let’s make our voices heard—before bad draft law becomes a dangerous reality.
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