The Mission of the Oklahoma Disability Law Center, Inc. is to protect, promote and expand the rights of people with disabilities.
Belief Statement
The ODLC mission reflects the belief that people with disabilities are entitled to be treated with dignity and respect; to be free from abuse, neglect, exploitation and discrimination.
The ODLC mission also reflects the belief that people with disabilities are entitled to equal rights and to equally effective access to the same opportunities as are afforded other members of society.
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Family and Community Training Series to Start Next Week
The Oklahoma Disability Law Center and The Center for Learning and Leadership will continue our training series on Waiver Services in Oklahoma beginning May 3. We will also offer training on Oklahoma ABLE accounts, OKSTABLE, this training will be offered twice, once in May and again in June. Please join us for one of these informative sessions. All training events are free and will take place via Zoom. Registration is required, you will receive the Zoom link once you complete the registration.
Waiver Basics – May 3rd @ Noon
https://zoom.us/meeting/register/tJMtdOirqjkvG9Ey9kGQpW66Sbxb0tZ-PAvB#/registration
The Center for Learning and Leadership/UCEDD and the Oklahoma Disability Law Center invite you to the family training on Waiver Basics, understanding Oklahoma’s Home and Community Based Services waiver for people with disabilities living in Oklahoma. We will be offering a basic overview of waivers including the history of waivers and explain what a waiver is. We will also allow for time to ask questions.
Planning for Waiver Services – May 11th @ Noon
https://zoom.us/meeting/register/tJEsdO-sqzMvGNITtIDN6-W2XUTXA582CkcV#/registration
Please join the Center for Learning and Leadership/UCEDD and the Oklahoma Disability Law Center for this community and family training. We will be going over Oklahoma’s waiver programs, highlighting the DDS waiver services. We will share options for people with intellectual disabilities and how they and their family can help prepare to be part of the Individual Plan and Person Center Planning process.
Using Life Course to Plan for Long-term Supports – May 17th @ Noon
https://zoom.us/meeting/register/tJ0tcOmgrT4oGdRYJAyKM1gJbhlhSkIgXqJ3#/registration
Register to join the Center for Learning and Leadership/UCEDD, Oklahoma Family Network and the Oklahoma Disability Law Center training on Using Life Course to help prepare for waiver services. You will learn about Charting the Life Course tools and how they can help you prepare for long-term support.
OKSTABLE training – May 23rd @ 2:00 PM
https://zoom.us/meeting/register/tJModemtrj4sGt2tHpDBnZPPmvv1_wjF_Q-n#/registration
Achieving a Better Life Experience Act (ABLE) created a path for people who rely on supports that have an asset limit to be able to save money over that asset limit. In Oklahoma we use the OK STABLE for this savings account. Come to this training to learn more about OK STABLE accounts, how they work and how they can help people with disabilities achieve a better life!
Basics of Self-Directed Services – June 8th @ Noon
https://zoom.us/meeting/register/tJYpc-Chpj4rGNNNFHGl0iBlSMzk6EGcxorK#/registration
The Center for Learning and Leadership/UCEDD and the Oklahoma Disability Law Center is hosting training on Self-Directed Services. Learn how other families have used SDS for long-term support. This training will help you be prepared to determine if you want to choose SDS when the opportunity arises.
OKSTABLE training – June 13th @ 6:00 PM
https://zoom.us/meeting/register/tJAocO6rqjoiGNMvutu8EzTBNOFZ5JXCUKP8#/registration
Achieving a Better Life Experience Act (ABLE) created a path for people who rely on supports that have an asset limit to be able to save money over that asset limit. In Oklahoma we use the OK STABLE for this savings account. Come to this training to learn more about OK STABLE accounts, how they work and how they can help people with disabilities achieve a better life!
Long-term Planning – Financial and Employment Options – June 21st @ Noon
https://zoom.us/meeting/register/tJYrcuCvqTwsG9ZDONwEDDqIX7rMx_0a9ooO#/registration
The Center for Learning and Leadership/UCEDD and the Oklahoma Disability Law Center invite you to the family training on Long-term Planning – Financial and Employment Options. This training is designed to help plan for the future by sharing options to assure the protection of long-term supports and benefits, including waiver supports and methods for saving money beyond the typical Medicaid asset limits. Learn about options for community integrated employment such as Ticket to Work and options to help secure funds for future needs such as OK STABLE accounts. Come learn about what could be available to you or the person you care for.
Oklahoma Disability Law Center, Inc. (ODLC) and ACLU of Oklahoma (ACLU -OK) Welcome the Department of Justice investigation into Oklahoma’s Failing Mental Health Services System and Oklahoma City Police Department’s Response to Mental Health Crises
FOR IMMEDIATE RELEASE:
November 18, 2022
MEDIA CONTACTS:
RoseAnn Duplan, ODLC
405-409-5781
roseann@okdlc.org
Cassidy Fallik, ACLU of Oklahoma
913-748-1278
cfallik@acluok.org
OKLAHOMA CITY – ODLC and ACLU-OK were pleased to hear the Justice Department announcement that it has opened an investigation into the State of Oklahoma, Oklahoma City, and Oklahoma City Police Department (OKCPD). Earlier this year, ODLC and ACLU-OK filed a joint complaint requesting the Justice Department open an investigation into the unnecessary segregation of persons with mental illness in Oklahoma County and the County’s heavy reliance on law enforcement to respond to mental health crises.
For over a year, ODLC and ACLU-OK reviewed documents and interviewed individuals with mental illness and their family members as well as others knowledgeable about the provision of community-based mental health services in Oklahoma County. This investigation led our offices to conclude that the State of Oklahoma does not provide mental health services in the most integrated setting appropriate. As a result, hundreds of individuals with mental illness in Oklahoma County are unable to access the community services they need and are unnecessarily hospitalized, segregated, and/or incarcerated in order to obtain treatment.
Brian Wilkerson, ODLC’s Director of Litigation and Legal Services said, “While our complaint was specific to Oklahoma County, we believe this to be a statewide problem, and we hope this investigation will lead to statewide changes that will greatly improve the mental health service system for all Oklahomans.” Wilkerson added, “The Oklahoma County Detention Center has become a revolving door for people experiencing mental health crises, and we see similar situations across the state.”
“We all deserve to be safe, regardless of where we live, how we look, or who we are,” said Megan Lambert, Legal Director for the ACLU of Oklahoma. “Safety means investing in communities and people instead of punishment. Oklahoma can improve public safety by focusing on prevention and by strengthening communities through investments in proven solutions instead of incarceration. These include affordable housing, jobs, education, health care, and mental health and substance use services. Our communities deserve proven solutions to take care of our people, not a criminal legal system that punishes our most vulnerable populations.”
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Disability Advocates Respond to Investment to Clear Waiting List for Services
FOR IMMEDIATE RELEASE
CONTACT: Dena Drabek, The Arc of Oklahoma
DDrabek@TheArcOK.org; (405) 590-5889
Disability Advocates Respond to Investment to Clear Waiting List for Services
OKLAHOMA CITY (May 17, 2022) – The Oklahoma Legislature and Department of Human Services (DHS) announced a historic investment of $32.5 million to support Oklahomans with intellectual and developmental disabilities (IDD) and the direct care workforce that serves them.
“Hope is on the horizon for Oklahomans with developmental disabilities and their support staff,” said Lisa Turner, CEO for The Arc of Oklahoma, a disability rights organization. “We are pleased that the Legislature has prioritized the needs of this vulnerable population. This significant funding increase will go a long way in serving Oklahomans with disabilities on the waiting list and helping them reach their full potential by living the lives they want in the communities that they choose.”
With more public dollars appropriated than ever before, developmental disability advocates and families are also calling for more accountability and transparency from DHS as they serve Oklahomans with developmental disabilities who have been waiting an average of 13 years to receive the supports needed to live more independently and participate in the workforce.
“Oklahoma Disability Law Center is pleased to see this historic commitment to fund home and community-based services in Oklahoma,” said Melissa Sublett, Executive Director of The Oklahoma Disability Law Center. “While we are happy to see these increased efforts to serve all the individuals who have been waiting so long for services, we are also monitoring to ensure that this rush to clear the waiting list is done so in a way that protects the due process rights of each applicant and that cases are not closed simply in the interest of quickly eliminating the waiting list.”
Even with significantly more funding, some in the disability community remain skeptical after a report by the Legislative Office of Fiscal Transparency (LOFT) in 2021 revealed that DHS’ management of the developmental disability services waiver program has not led to substantial progress toward the state’s goal of providing services to all those waiting.
“Parents and taxpayers alike have a right to be asking questions about how the Legislature will ensure DHS spends this money the way it is intended,” said Greg Arend, CEO of Oklahoma-based SOAR Partners. “We encourage lawmakers to request DHS track exactly how much is spent each year towards serving Oklahomans on the waiting list and publicly report it.”
While disability advocates and families say they do want to find common ground with DHS in Oklahoma’s effort to serve those waiting for long-term supports, they also cling tight to, “Nothing About Us Without Us,” – a mantra that has fueled the disability rights movement over the years.
“People with disabilities have a voice that should and must be at the table from the beginning of any planning process and should never simply be an after-thought,” said Jeryldine Schutte-Pogue, Executive Director for Oklahoma People First, Inc. “It is important for Oklahomans with disabilities to have the opportunity to share their voice and their lived experience with those who are making changes that will affect them.”
Disability advocates and families look forward to working with DHS and the Legislature on further development of plans to successfully serve Oklahomans on the waiting list who qualify for services. They are also awaiting the release of the LOFT’s one year follow-up report highlighting any changes made by DHS since the initial report was released in October 2021.
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THE CENTERS FOR MEDICARE AND MEDICAID SERVICES TELLS OKLAHOMA HEALTH CARE AUTHORITY IMPOSITION OF A 5-YEAR RESIDENCY REQUIREMENT FOR THE RECEIPT OF HOME AND COMMUNITY BASED WAIVER SERVICES IS NOT PERMITTED
FOR IMMEDIATE RELEASE:
September 16, 2021
PRESS CONTACT:
RoseAnn Duplan,
405-409-5781
roseann@okdlc.org
THE CENTERS FOR MEDICARE AND MEDICAID SERVICES TELLS OKLAHOMA HEALTH CARE AUTHORITY IMPOSITION OF A
5-YEAR RESIDENCY REQUIREMENT FOR THE RECEIPT OF HOME AND COMMUNITY BASED WAIVER SERVICES IS NOT PERMITTED
Today the Centers for Medicare and Medicaid Services (CMS) issued a formal response to the June 1, 2021 letter sent by Oklahoma Disability Law Center, Inc. (ODLC), the National Health Law Program, The ARC of the United States, The ARC of Oklahoma, Oklahoma Policy Institute, and Legal Aid Services of Oklahoma, Inc. expressing concerns over the legality of the 5-year length of residency requirement imposed by the passage of HB2899. The CMS letter clearly affirms the length of residency requirement is not permitted.
The Centers for Medicare & Medicaid Services (CMS) understands that House Bill 2899 places a five-year residency requirement on individuals with intellectual disabilities before they access Medicaid home and community-based services (HCBS) waivers. The U.S. Supreme Court ruled that the Fourteenth Amendment to the United States Constitution requires states to treat individuals who have moved recently to a state the same as individuals who have resided in the state for a longer period of time unless shown necessary to promote a compelling governmental interest. Consistent with this Constitutional prohibition, federal regulations also prohibit state Medicaid agencies from denying eligibility if the individual has not resided in the state for a specified period of time (See 42 CFR § 435.403(j)(1)). Thus, imposition of a 5-year residency requirement for the receipt of HCBS waiver services is not permitted.
ODLC’s Director of Litigation and Legal Services, Brian Wilkerson said, “We are pleased with the CMS response. We just don’t think they could have been any clearer, this type of requirement is simply not allowed under federal law. ODLC remains committed to ensuring that all Oklahomans with disabilities are able to access programs and services without discrimination or illegal delays.”
“We believe this CMS response demonstrates the vital role of organizations, like The Arc of Oklahoma and others who advocate for and with people with disabilities and their families to ensure timely access to the quality supports and services they need and want to achieve a life of personal significance,” said Lisa Turner, CEO for The Arc of Oklahoma.
September 16, 2021 CMS response