Update on Ohio’s Travel Restrictions Rule: DODD’s Disinformation

Thank you to everyone who submitted public comments on Ohio’s proposed travel restrictions for people with developmental disabilities. Because of your efforts, DODD raised the threshold for “extended travel” to 7 days—a small but meaningful change that shows your voices made a real difference.

But let’s be clear: the proposed rule is still unconstitutional, still discriminatory, and still deeply flawed.

Here’s where things stand:

The rule still limits travel for people with disabilities that require institutional-level care. It even contains a section specifically called “Extended Travel Limitations.”

After weeks of silence and public pressure, DODD finally released the full draft of OAC 5123-9-08 for public comment—after the state’s waiver applications had already been submitted to CMS.

And despite what DODD claimed in its April 11 email to stakeholders—stating “The goal in developing this rule was not to restrict travel or require permission”—the actual text of the rule directly contradicts this:

“Extended travel... is limited to a total of sixty days in a waiver eligibility span unless an exception is requested…”(Draft Rule, Section G(1))

And now, in newly released audio from a public webinar, DODD Director Kim Hauck doubled down on this disinformation, stating:

“This is not a rule that limits transportation... It’s not a rule that says you have to ask for permission to go out of state.”

That’s simply false. The rule clearly imposes a cap on travel and sets up a pre-approval system for exceptions. It also puts power to limit travel in the hands of the same SSAs who mocked disability families as “greedy,” “lazy,” and “mental.”

Director Hauck also incorrectly implied this policy is mandated by federal law:

“We are following the CMS guidelines and what we need to do.”

But there is no CMS regulation that requires states to limit travel to 60 days or demand prior approval for trips over a certain length. CMS requires states to monitor service delivery—not to deny, limit, or force pre-authorization for interstate travel.

So yes—DODD’s proposed rule absolutely limits travel for people with disabilities who rely on waiver-funded services. These restrictions do not apply to any other class of Ohioans. They are unconstitutional and unjust.

Ohio Submitted the Waiver Applications to CMS Before Going Through the Rule-Making Process

This travel restriction rule was referenced in advance through the Level 1, SELF, and Individual Options waiver applications—but the rule itself didn’t start going through Ohio’s official rule-making process until after the waiver comment period closed.

CMS authorities confirmed to us this week that Ohio has already submitted its waiver applications for federal approval.

This means that the current comment period on the rule is essentially meaningless, as mentioned in the webinar recording. The waiver applications already contain the travel restrictions. Releasing the rule now is just window dressing—it doesn’t give the public any real power to influence the restrictions, which are already in CMS’s hands for approval or denial.

May 16 Hearing—We’ll Still Participate

Despite the flaws in the process, we still plan to submit comments for the May 16 hearing on the administrative rule. We’ll continue calling out this unconstitutional policy, and we’ve asked CMS to:

• Reject the rule, or

• Require Ohio to reopen the 30-day waiver comment period, this time with the entire rule made public from the start.

  
  

Keep the Pressure On

Your advocacy is making a difference. DODD would never have moved the threshold to 7 days without major public outcry. But let’s be honest: Whether it’s 4, 7, or 60 days, the rule is still unconstitutional. It singles out people with disabilities for restrictions no other Ohioans face.

We’re facing a larger pattern of rights erosion: surprise home inspections, surveillance policies, and now, restrictions on basic freedoms like travel. We must keep speaking up—not just for ourselves, but for every Ohioan whose autonomy is under threat.

Stay tuned for instructions on how to submit comments before May 16! And listen to the full recording for yourself—you need to hear what it sounds like when courageous citizens openly challenge government disinformation.