We’ve made some exciting progress in our legal battle to stop unannounced inspections of private homes where people with developmental disabilities live. Our response to the motions to dismiss from DODD, the Stark County Board of DD, and the Wayne County Board of DD has been filed, and we’re pushing back hard on their attempt to dismiss this case. (Note: The Wood County Board of DD did not file a motion to dismiss.)
Here’s what you need to know:
This case affects all 44,000 Ohioans receiving Medicaid Home and Community-Based Waiver services through a DODD waiver, not just a small group of families.
There’s been some misinformation claiming that this case only impacts a small group of family caregivers. This is false. DODD’s unlawful policy affects all 44,000 Ohioans who rely on Medicaid waiver services, putting everyone at risk of having their homes invaded without warning, at any time, and for any reason (or even no reason at all). DODD claims these unannounced inspections are “a vital tool” to monitor all 44,000 people receiving services, and that’s why this case matters so much.
The law is on our side, and we’ve made it clear that the actions of DODD and the county boards are illegal.
In our response, we explain in detail how DODD and county boards have gone too far. They don’t have the legal right to conduct surprise home inspections of Medicaid waiver recipients' homes. None of the relators in our case were accused of any wrongdoing, but even if there were some concern about fraud or misconduct, the proper course of action is for law enforcement to get involved—not for SSAs to barge in without notice and attempt to investigate. In fact, the evidence shows that DODD’s own training documents tell SSAs they must report any concerns “to the appropriate entities, like law enforcement.” The Fourth Amendment protects all of us—even people with disabilities—from illegal searches by the government. We’re fighting to ensure everyone’s constitutional rights are respected.
This isn’t just about one or two households—it’s about the right to privacy for everyone receiving Medicaid waiver services.
In our response, we’ve laid out the emotional toll that these unannounced visits take on people with developmental disabilities, their families, and even their houseguests. This is not just a legal issue—it’s a personal one. People with developmental disabilities are being subjected to anxiety, fear, and emotional distress because they live in constant fear that their homes could be entered at any moment by government workers—the same government workers who laughed and clapped while calling disability families “greedy,” “lazy,” and “mental.” That’s not right. This case is about protecting people with disabilities’ right to privacy and making sure that they are not treated like criminals in their own homes.
This case will decide whether or not DODD’s unconstitutional policy continues.
Right now, we’re asking the Court to decide if DODD’s policy of unannounced home inspections is legal or not, partly because it violates exiting law, and partly because it never went through the scrutiny of Ohio’s rulemaking process. The implications of this case are huge—not just for Ohioans today, but for future generations. If we win, this could set a precedent that protects the privacy of all Ohioans with developmental disabilities and ensures that they are treated with dignity and respect… just like the law already says they should be!
What happens next?
We’re now waiting for the Court’s decision on whether the case will proceed. The responses from DODD and the county boards are based on misunderstandings of the law and misleading arguments about what is and isn’t allowed. But we’re hopeful that the Court will recognize the importance of this case and will rule in favor of the rights of people with developmental disabilities.
Why This Matters for Everyone
This case is about much more than just unannounced home inspections. It’s about standing up for people with developmental disabilities who have been treated unfairly and protecting the Fourth Amendment rights of everyone who lives in the home.
Every person who gets Medicaid Waiver services deserves the right to live without the fear of surprise government intrusions. That’s the whole point of home-based services—people want to live in their homes, not in institutions, and privacy is a big reason why. We’ll keep fighting until people with disabilities get the privacy and justice they deserve.
Stay tuned for more updates, and thank you for your continued support! If you’re not on our mailing list, just scroll down to the bottom of the page and add your email so you can get future updates.