The proposal below has now been modified and written into a 'Draft' bill. Most of the elements made the cut. In addition, 'cameras in rooms' has been added. This is critical to improving care for those involved in ICF/IID care facilities and group homes.
(Note: As of 6/25/24, This bill was completely FUBAR'd by the committee and will need to be re-introduced)
Lauren’s Law accomplishes the following purposes pertaining to the care and treatment of individuals with Intellectual and Developmental Disabilities (IDD).
The purposes of the law are;
1. The law places families of IDD individuals above all other care options if the families are willing and able to do so.
2. The law will apply RICO statutes to the upper management of care provider companies
3. The law allows for the placement of A/V cameras in all rooms of ICF/IID facilities.
Families First IDD Care
· Ohio families demonstrating a desire and ability to care for their developmentally disabled individual shall receive 90% of the prevailing daily rate for Intermediate Care Facilities in the State of Ohio
· Said rate shall be paid in lump sum on a monthly basis without cumbersome paperwork and undue hardship for the caregivers
· Family caregivers will have the option to employ their own choice of assistance without the necessity of using an approved agency if they so desire. Payments for such care will be at the discretion of the family provider
· Family providers my also utilize existing processes of agency providers if they choose
· Relevant state government entities shall be predisposed to favor family care
· Family care will only be denied when the conditions available clearly show that home care is not a viable, safe or healthy option
· Home care eligibility shall be considered for immediate family, grandparents, aunts and/or uncles of the individual in need. Family consideration will be considered as equal for individuals who married into one of these qualifications.
· Non-related individuals will be assessed on a case by case basis.
· Care will be provided without age restriction for ‘minors’. Parents of handicapped individuals are caring for the individual and are not being ‘paid to be a parent’.
RICO Laws Applied to Upper Management
· In virtually every state sponsored IDD care facility, incident reports for Neglect and Abuse exist.
· These reports fall into various categories two of which are “Unusual Incident” and “Major Unusual Incident”.
· Major Unusual Incidents are investigated by the appropriate county Department of Developmental Disabilities
· These investigation reports are then sent to the state of Ohio Department of Developmental Disabilities
· The institutions, and institutional management, also receive copies of these investigations
· As a result of this process, all involved either know, or should know, about the Neglect and Abuse that exist.
· According to Ohio Law, Neglect of individuals under care is illegal
· According to Ohio Law, Abuse of individuals under care is illegal
(For more information regarding RICO Laws, please Click Here)
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