Travel Restrictions Begin for Ohioans with Developmental Disabilities

There is no law or rule in Ohio that restricts travel for people with developmental disabilities. However, that did not stop DODD from holding a statewide training on travel restrictions. In the session, DODD Medicaid Policy Administrator Joelyn Karlson instructed county boards to gather information about the disabled person’s travel destination and type of lodging, everyone’s sleeping arrangements, how the family/individual will reach the destination, whether breaking up longer driving trips into shorter trips should be required, and more.

After public backlash about the training, DODD Director Lyndsay Nash stated, “Nothing in our training or guidance to SSAs requires or even suggests that one must receive permission (from either the county board or the state) before traveling.”

However, Karlson told county board staff during the statewide training session, “Overall, travel is a team decision and one that must be planned for, authorized, and executed carefully.”

Director Nash’s message apparently has not reached the county boards, but the county boards heard Karlson’s message loud and clear. Travel restrictions are now starting.

In one case, the county board instituted a driving limit, saying “it is unsafe for 1 staff driver to be on shift for 8 hours or more without a relief driver.” This county board is requiring two drivers for car trips. The board is also requiring that “a rested driver will be available” throughout the trip to take over for the original driver after “8 hours or less.” They did not specify what “or less” means.

The same county board said they might not “approve” the disabled person’s travel unless several conditions were met.

In order to meet the requirement for a second driver to be available throughout the trip, individuals may need to have 2:1 care approved. However, DODD also recently presented a training about how to reduce 2:1 care authorizations across the state. In other words, Ohio is urging county boards to reduce 2:1 staffing while county boards are creating travel requirements that may be impossible without 2:1 staffing. This could make it very difficult to travel.

To be clear, there are no “two drivers required” or “8-hour limit” laws or administrative rules for disabled people in Ohio. These requirements were made up by a county board, based on the content of DODD’s statewide training.

If your SSA tells you they will “not approve” your travel for any reason, ask them to show you the law (Ohio Revised Code) or rule (Ohio Administrative Code) that allows them to limit your travel.

Remember, Ohio’s laws are in the Ohio Revised Code. Ohio’s rules are in the Ohio Administrative Code. If your SSA shows you a Microsoft Word document, some PowerPoint slides, an online FAQ page, or tells you she “heard it from DODD” at a training, those things are not laws or rules. Government workers cannot create new laws and rules by announcing them at a training session, sending them in an email, or posting them online.

If your county board threatens to deny, reduce, or withhold Medicaid waiver services because of your travel plans, request written notice of the decision and your state hearing rights. You may also wish to consult an attorney.