In the near future, I will introduce legislation removing regulatory barriers and providing individuals with an intellectual and developmental disability (I/DD) greater access to residential and vocational settings that best meets their individual needs and preferences.

Currently, the Department of Human Services (DHS), through the Office of Developmental Programs (ODP), is enforcing regulations that impose size, location, and capacity limitations on residential service locations.  The regulations at issue limit the program capacity of these facilities funded prior to February 1, 2020 to a maximum of 8 individuals, while newly funded service locations established after that date are limited to a maximum of 4 individuals in a duplex or bi-level unit and no more than 25% of the units of an apartment, condominium or townhome. 

The regulatory limitations imposed by DHS and ODP far exceed the federal qualifications for Medicaid funding and inexplicably restrict the options available to individuals with I/DD for them to receive the assistance and support necessary for them to live independently in the community.  Moreover, similar policies in other states have been found by federal courts to be discriminatory in nature and violative of the Americans with Disabilities Act for treating members of the disability community less favorably than non-disabled individuals.

The Centers for Medicare and Medicaid Services (CMS) has made clear that the focus of residential and vocational settings should be on the experience of the individual in the setting – not the size, location, or type of setting (see attached).  Accordingly, the one-size fits all approach employed by DHS and ODP is not conducive to meeting the needs of every member of the disability community and we must make a wide variety of residential and vocational settings available for them to choose an opportunity that works best for their individual needs. 

Please join me in removing these unnecessary regulatory barriers and providing members of the I/DD community and their families with greater options to meet their individual residential and vocational needs.
 

Statutes/Laws affected:
Printer's No. 766 (May 12, 2025): P.L.31, No.21