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Committee HearingHouse

Ohio House Medicaid Committee - 6-8-2026

June 8, 2026 · Medicaid Committee · 25,153 words · 16 speakers · 259 segments

Tim Barhorstother

Please rise for the Pledge of Allegiance. Will the clerk please call the roll. Chair Gross, excused. Vice Chair Barhorst, present. Ranking Member Baker, here. Representative Brownlee, here. Representative Craig, here. Representative Dieter, here. Representative Ferguson, excused. Representative Lampton, here. Representative Lett, here. Representative Mullins, excused. Representative Olslager, here. Representative Pickle Antonio, here. Representative Romer, excused.

Jason Stephensother

Representative Stevens? Here.

Brian Stewartother

Representative Stewart? Here.

Bride Sweeneyother

Representative Sweeney? Here.

Desiree Timsother

Representative Timms? Here.

Josh Williamsother

Representative Williams? Here.

Tim Barhorstother

And Representative Davila?

Michael Dovillaother

Here.

Tim Barhorstother

We have a quorum and we'll proceed as a full committee. The minutes from the previous meeting are on your iPads. Please take a moment to review the minutes. Are there any objections to the minutes? Hearing none without objections, the minutes are approved. I'd like to call Substitute Bill 795 for its fifth hearing. The chair recognizes Representative Williams for a motion.

Josh Williamsother

Chair, I move to accept Sub-Bill L-136-3280-5 for House Bill 795.

Tim Barhorstother

The sub-bill is in order and can be found on your iPads. Representative Williams, please proceed and explain the sub-bill.

Josh Williamsother

Thank you, Chair. After conversations and hearing from our constituents and interested parties, the sub-bill ensures that family caregivers may continue to provide personal care service to the family member, removing language from the earlier version of the bill, modifies prior authorization requirements to ensure that services are provided as determined to be medically necessary and may be implemented with fidelity by providers, clarifies EVV requirements for services provided in acute care settings, ICFs, and hospitals, additionally clarifies services provided in hospital settings do not automatically trigger fraud warnings, removes language related to SNAP categorical eligibility from the bill, eliminates the Medicaid program integrity fund, adjusts the penalties for committing Medicaid fraud, maintaining that committing Medicaid fraud is considered a felony-level offense for amounts less than $1,000 is a felony of the fifth degree for amounts from $1,000 to $7,500 a felony of the fourth degree for amounts $7,500 to $150,000 a felony of the third degree with a presumption of prison if the amount is over $75,000 for amounts $150,000 to $750,000 a felony of the second degree and amounts greater than $750,000 a felony of the first degree. Modifies the bill's restitution for committee Medicaid fraud to reflect actual restitution amounts rather than 200% restitution, removes the bill's newly added provisions concerning hospice provider licensure, removes language concerning the establishment of risk contractor systems, removes language establishing a fraud reporting incentive system, requires the Department of Medicaid to develop recommendations on how to implement a Medicaid encounters dashboard and risk matrix system by the end of March of 2027 and submit a report of its findings to the General Assembly requires ODM to develop a disclaimer for all newly enrolling Medicaid providers, explaining the penalties for committing Medicaid fraud, requires ODM to develop a standardized onboarding structure for new Medicaid eligible providers, adds clarifying language on ODM's ability to contract with or develop its EVV system, clarifies the MCOs shall seek ODM approval when suspending a provider for likely fraudulent activity and includes an appeal option in the bill modifies language regarding access to all payer claims database to clarify access to publicly available information and to permit rather than require subscription-based access ensures that MCOs identifying waste and abuse as well as possible fraud refer to ODM and requires ODM to submit likely fraud allegations to the AG's office in a timely manner. Codifies current ODM practices regarding disclosure of ownership interest above 5% for Medicaid providers to the department.

Tim Barhorstother

Thank you, Rep. Williams. The question is, shall the motion to adopt the sub-bill be agreed to? Hearing no objection, the motion is accepted. We will proceed to witnesses.

Representative Sweeneyassemblymember

Mr. Chairman.

Tim Barhorstother

Yes, sir.

Representative Sweeneyassemblymember

May I ask the sponsor about the family provision, and I didn't quite grasp all that, what you said.

Josh Williamsother

Chair, to the members, so the provisions that previously prohibited family caregivers was removed entirely from the sub-bill.

Representative Sweeneyassemblymember

If I may, Mr. Chair.

Tim Barhorstother

Thank you. Thank you. Any other comments from the committee? We'll proceed to witnesses. We have a three-minute time limit, and we'll have a hard stop at 530. We have several witnesses, about 25 or 26. With all the changes to the bill, the committee would appreciate if you would leave your testimony germane to the current bill. Those changes that were just accepted are not in the bill anymore, and that testimony will not be required because of the elimination of that language. Moving to our first witness, I would like to call Brittany Maddox to provide interested party testimony.

Witness, the floor is yours.

Brittany Maddoxwitness

Good afternoon. Vice Chair Boehler Horst, Ranking Member Baker, and members of the House Medicaid Committee for this opportunity to provide interested party testimony on House Bill 795. I represent Disability Rights Ohio, we're the state's protection and advocacy system that advocates for people with disabilities. Given the changes that have been introduced, I do want to commend everyone for this version. I know that there was a lot that happened last week, and you heard from a lot of members, so we do appreciate that. A couple things that I would raise in the short time speaking with advocates THAT THEY WERE ALSO CONCERNED ABOUT. BUT AS YOU KNOW, LIVING WITH A DISABILITY REQUIRES A LOT OF CHANGES WITH TRANSPORTATION AND THEY CAN'T GET DOWN HERE AS EASILY. SO I JUST WANT TO MAKE SURE THAT I UPLIFT SOME OF THEIR CONCERNS WHEN IT COMES TO CONTINUITY OF CARE. I THINK THERE'S STILL A FEW PIECES THAT COULD BE SHORED UP TO ENSURE THAT PEOPLE AREN'T LOSING PROVIDERS OR WAITING. AND THAT HAS TO GO WITH, I BELIEVE, IN THE NEW VERSION, There a piece that prohibits the conditional hire which we wanted conditionally hires for years ago when we were talking about this because of the time that it takes ODM to certify somebody and the loss of providers in that time period So I think that's a piece that's concerning, that maybe we could work together to kind of firm that portion up so that if we are looking at removing conditional hires, that we do so in a way that still protects folks and they get care. So that's one. I think expanding our long-term care ombudsman program would be really helpful because as you heard other advocates talk about, they're on the front lines, right? And they know when fraud is happening to them and they want to be able to do something, but they don't want to be retaliated against. And I've heard a lot of people who have been victims of abuse or retaliation because they bring concerns, especially, you know, caregiving is very intimate. and so when you're in that power dynamic it's really hard to say like oh excuse me you know this person is taking advantage of me and they don't want to lose care they want to be able to do stuff so I think if we were to expand that program to include helmet community services an anonymous reporting mechanism or something would be really helpful and I think people would I think you would get a lot more reporting in a way that's on the front line Additionally, I think that there was a piece with the credible allegation of fraud and program suspension. I understand that component, but I think we could add a few more pieces to that to make sure that I do appreciate wanting to limit who gets targeted as a high-risk provider. But that's a piece that I would like to expand on. And then I know I'm going quickly. I think we just have to be sure that we're avoiding arbitrary income caps or things that would limit people and that personal care services are necessary. And I think there's a prior authorization piece already in there and prior authorization is already required for waiver services, and that includes personal care. And so I think teasing that out could be arbitrary and actually work to the disadvantage. So thank you for that, and I'm open to any questions.

Tim Barhorstother

Thank you, Witness. Is there any questions from the committee? Hearing none. Thank you very much.

Brittany Maddoxwitness

Thank you.

Tim Barhorstother

Oh, I'm sorry. Representative Baker.

Representative Sweeneyassemblymember

Okay. Thank you. I wasn't quick enough. Thanks for coming today. Can you talk briefly, so the prior authorization that you talked about, in the newest sub bill, there's a carve-out for people who receive personal care services through a DD waiver, but this carve-out doesn't, this carve-out would still require prior authorization for the same services when folks receive their care through a home care waiver or an aging waiver. Will you talk about the discrepancy between that?

Brittany Maddoxwitness

Yes, through the chair to the member. I will be honest, I'm not fully versed in the DD system when it comes, I know that the waivers are very different in a sense between all systems and I think any carve-outs can be detrimental to the other side. So I think that's where I would lean on folks who are on the MyCare waiver and maybe pass forward to home care. And I was trying to quickly talk to them about that because I had concerns and they didn't see it initially. So I could always touch base with you after the fact, after I'm able to kind of debrief with them, and I can email you additionally that.

Tim Barhorstother

Follow-up. Representative Vlett, then Sweeney.

Representative Sweeneyassemblymember

Thank you Chairman Thanks so much for testifying and thanks so much for getting up to speed on the sub bill in record time I just wanted you to expand a little bit on the high-risk provider comments that you made. I'm a little concerned that the sub bill doesn't fully address some of those issues that might accidentally or unintentionally mark some of our providers as high-risk. Could you just kind of elaborate a little bit on that? And thank you.

Brittany Maddoxwitness

Yeah, through the chair to the member. I think, and what I was concerned with the previous version as well, is there's humans that are involved in all of this, and reporting and clocking in, clocking out, and we have to allow some flexibility for folks to be able to ensure they can clock in and where they're doing it. So I think the high-risk provider piece, and that's kind of where I put in my testimony, where we need to target high-risk claims and not populations. So that's things like billing impossible hours, not a few-minute overlap, things like that. Or multiple providers billing for the same time period. If we're looking at high-risk claims versus the provider themselves, I think that can get it to a lot of the human factor, and we need a few minutes of overlap, right? You get a few minutes of grace at work when you clock in or clock out. And the fact that it's all based on individual need, so the person should be able to determine the timings that they need and get verification for that based on the person. So I think I would love to be able to flush out a few more because I think I have some ideas when it comes to that that I definitely could give you. I don't know if that answered your question.

Tim Barhorstother

Representative Craig and then Sweeney will be next.

Representative Sweeneyassemblymember

Yeah, just want to thank you for being here. I just wanted to clarify the questions on prior auth, Representative Baker. So in conversations with the DD community, they already undergo a prior auth process, but it's an administrative rule. So what we did for the other personal care services is we just mimicked what the DD rule is in the rest of personal care. So it's all uniform. It's all the same. It's what's already underway today. So I just wanted to make that clarification. Thank you.

Tim Barhorstother

Representative Sweeney, thank you for your patience.

Bride Sweeneyother

Thank you, Chair. Thank you so much for testifying. Could you just give us, when you talked about conditional hires as your top concern, can you tell us exactly which provision you're speaking to? If you know, or maybe just explain what that means. I'm just not familiar with what I've read so far in terms of that, and just the larger issue. I know that there was a provision that obviously we all support in terms of it says, you know, when we're talking about these issues and putting more of a stick, you know, maybe that's needed. But the concern is if a provider gets cut off, there is a patient at the end of that. And so there's language in here that requires Medicaid to make sure that the continuation of care is not disturbed to the extent that they can. Is that strong enough language? Do you think that's feasible? what else can we do if someone is high risk or doing behavior, obviously there should be a stop to that, but what can we do to make sure that the patient, who we all say is the most important in this debate, is the one who is most protected? Do you think the sub bill, as to what you've read in the past few hours, does enough? What else could we do in those cases where the state is cutting off payment? I would imagine most providers are not gonna continue might be able to continue care, what happens to that page and what else can we do? And then if that's connected to conditional hire or just explain that separately.

Brittany Maddoxwitness

Yeah, through the chair to the member. I believe the conditional hire piece is back in a few years. There is a rule. The idea was that when we were going through this caregiver crisis that people can't just try and show up and wait two to four weeks to be fully certified or be A-OK to get provider payments because the payment system is also very laggy. And it still is today. So they did a conditional hire in that you could start working and then if anything came back or flagged, then you were unable to continue. But people were not losing care. So I think in the current version, there's still the opportunity for folks to lose care because it still takes ODM weeks. I have heard of people who their provider hasn't been paid for six months, and that's just now. So if we add even more provisions, then I think we're going to exacerbate the issue. And I think you bring up a point, too, where to the extent that ODM can provide a backup option, depending on where you are in the state, there may not be an option. And yes, we have family providers, but then you're adding that additional credentialing, right, making sure that we go through the process. And I know advocates have talked with ODM for a really long time and how can we speed up the process? How can we ensure that the certification from the front door getting to the person is as smooth as possible and in any issues that arise that those are addressed quickly because nobody in this day and age can go without payment. It's just not possible, right? So I think that the language is still a little too flexible and I still think there are areas where people could lose care and then not have care for weeks. And then additionally, I would say what could happen, so there is a House Bill 530 right now that has bipartisan support. It's the Long-Term Care Study Commission, and I think a lot of what we want to do in these bills is something, because there will be people who are on waivers, Medicaid agencies, that's a huge group of folks on that committee that would be able to address a lot of these concerns and take the time to really flush that out. And I think that's what should be done, right? We all want the system to be improved, and we want it to work better for the person who, at the end of the day, is going to be impacted. So if we took these ideas and took these thoughts and brought it to that commission with people who are actually receiving services, I think we could develop and reform the system much better in a real thoughtful, methodical way that takes time and really makes sure that people's voice is included.

Bride Sweeneyother

Could I just offer clarification? So just so I'm hearing you, when you said the conditional hire, that wasn't a provision you were concerned about. You were talking about that as something that was a tool used previously to get somebody in, and that's gone. We already have a problem. You're concerned that this is going to make the delay of getting new workers further. So it wasn't that there was a specific issue on conditional hire. Is that fair?

Brittany Maddoxwitness

To the chair, to the member, I think there still is a provision in the new one, and I think we currently are able to do conditional hire. So I think adding that was going to add confusion. So if we were going to remove that ability for people to conditionally hire, I think that's where I was flagging it. I'm pretty sure we're still allowed to do this, and so I think that adding that is going to exacerbate a problem.

Bride Sweeneyother

Thank you. That's what I needed.

Tim Barhorstother

Thank you. Yeah. Thank you. Thank you for your testimony Our next witness will be Laura Abu Abisi to provide interested party testimony Thank you for your testimony Our next witness will be Laura Abu to provide interested party testimony The floor is yours

Laura Abu-Abisiother

Thank you. Good afternoon, Chair Barhorst, Ranking Member Baker, and members of the committee. I'm Laura Abu-Abisi. I'm the Assistant Director of the Ohio JFS Directors Association. We represent the county JFS departments. I will summarize my submitted testimony in the to two main points. First, just want to say a quick thank you for all of the work that you did on SNAP and prior versions of the bill. There is a lot of significant work being done on SNAP, including both fighting fraud through EBT card modernization, which you all just worked on, and in terms of increasing payment accuracy. We recognize as we spoke with members about the proposed language that had been pending in the bill that there continues to be some questions and concerns, and we look forward to collaborating with you in the future on ways that we can address those. Second, we appreciate the changes that were made to the language in the bill requiring electronic verification for non-emergency medical transportation providers. I'm going to abbreviate that as NET for purposes of this testimony. Unlike other Medicaid funded services, net services and providers are under county administration versus state administration. It's a very closely monitored service with independent oversight at both the county and state level. And we look forward to continuing conversations with you to ensure the policy goals set forth in House Bill 795 can be successfully operationalized. institutionalized and will be following up with you upon closer review of the language in this latest pending version of the bill. So thank you for your time and happy to address any questions.

Tim Barhorstother

Any questions from the committee? Representative Stevens.

Jason Stephensother

Thank you, Chair. Thank you for being here. As a former county commissioner and working with JFS, if you could expand a little bit on what's in the current sub bill and what that will do to the county JFSs. I know you mentioned it, but if you could expand it a little bit, please.

Laura Abu-Abisiother

Sure. In terms of the non-emergency medical transportation program. So through the chair, Representative Stevens, the sub-bill does require GPS tracking data for net providers that I believe is to be implemented over the course of an 18-month time frame. As we've talked with a lot of the county departments, the vast majority of their providers today have this type of technology. So really our questions remain around how do we operationalize what the bill speaks about in terms of electronic verification with that GPS data. The conversations that we're hoping to have are really around what IT systems are we talking about. Right now there is a statewide IT system for NET. Counties manage that individually. So we're really hoping to have a good glide path toward implementation and especially make sure that the technology can meet the needs of the folks on the ground.

Tim Barhorstother

Follow-up? Follow-up.

Jason Stephensother

The other question I would have when it comes to that is in an area that doesn't have very good cell service, how does that work for some of the counties down along the river or the hills? you go around the wrong bend and you lose health service. Sure, yeah.

Laura Abu-Abisiother

Through the chair Representative Stevens That is something that has come up In particular we were talking with some of the counties who recently stood up public transit in southeast Ohio on a county basis And while many of their providers have this sort of technology, they use what I'll call belts and suspenders with having paper forms available, too. and so we think it's going to be important again just to think through operationally how we can make sure that everybody has the data that they're looking for given those constraints that you just mentioned.

Tim Barhorstother

One more.

Jason Stephensother

One more. And so is this language in the sub-build, does it provide that ability for those counties to navigate that or is it something that we need to look at changing

Laura Abu-Abisiother

so that there's some flexibility for the county's administration? Through the chair, Representative Stevens, based on my quick read of the sub bill, and I am not an attorney, so I want to talk to folks who are, I do believe that some additional flexibility may be warranted. You know, perhaps we might look at a little bit of a longer implementation date. We were also suggesting perhaps a work group to get state folks, county folks, transit folks all around a table to talk about the most efficient way to go about meeting the goals you have in the bill would be helpful.

Tim Barhorstother

If no other committee members have a question, I have one quick one. I wanted to thank you for the phone call you did with me last week and my three county directors. Could you describe to the committee how you interact with the Ohio Department of Transportation with some of these services and contracting and thus?

Laura Abu-Abisiother

Sure. Thanks, Chair Barhorse. So many of the county departments will work with their counterparts in local transit to actually provide net services. So we often see contracts between the county JFS and local transit. It's, I think, a very good partnership between those two systems. So to the extent that our JFSs are interacting with ODOT, it's likely through their local counterparts.

Tim Barhorstother

Thank you very much for your testimony.

Laura Abu-Abisiother

Thank you.

Tim Barhorstother

Next, I call for witness testimony, Caitlin Feldman, Interested Party Testimony. Ms. Feldman, the floor is yours.

Caitlin Feldmanother

Good afternoon, committee. Thank you for having me. Vice Chair Barhorst, Ranking Member Baker, members of the House Medicaid Committee, We appreciate the opportunity to offer interested party testimony on behalf of Groundwork Ohio. We are the state's leading early childhood research and advocacy organization and appreciate the opportunity to present to you today. The testimony that you have access to includes quotes from families and other feedback that we have regarding specific context around the family caregiver provision. However, I do want to take advantage of this opportunity to be here and address you and really note the importance of Ohio's Medicaid system for Ohio's infants, toddlers, and their families. Ohio's Medicaid program covers 50% of all births in the state. That was as of 2024 and ensures access to health coverage for nearly 383,000 children from birth through age five in our state. Health coverage is the foundation of healthcare access. It enables young children, children and families to access preventive services, developmental screenings treatment and supports before concerns become more serious and costly to address We also know that when health coverage is threatened for caregivers for parents if parents lose access their young children are more likely to lose access to coverage as well I do want to note that Groundwork Ohio recognizes the importance of protecting taxpayer dollars and ensuring that public programs operate with integrity. Ohio families deserve confidence that their Medicaid resources, that Medicaid resources, are used appropriately and reach the children and families for whom they're intended. As the committee deliberates this bill, we encourage careful consideration of how proposed changes, apologies, no longer relevant, but how they impact young children and families. And in fact, I would like to tweak this and dig into it a little bit further just to note that I understand and have seen coverage that this is considered phase one of a broader strategy to address fraud, waste, and abuse in Ohio's Medicaid system. And would just love to encourage the committee to consider ways that future deliberations around mitigation around fraud, waste, and abuse may impact Ohio's infants and toddlers or sometimes left out of the conversation. It's especially important given the understanding in the early childhood brain science that indicates the earliest years of life are a period of unparalleled brain development. Children are, during the first five years of life, children are developing more than a million neural connections every second, and this is a period of development that is unmatched at any other point in life. I will note, while there were a few quotes in my testimony that are no longer relevant, given the change in the caregiver provision, one thing that I would love to encourage the committee to consider in future phases of this work are ways to activate the Medicaid Beneficiary Advisory Committee and other family feedback throughout the state as those with lived experience have deeply valuable insights. Thank you for your time, and I'll take any questions.

Tim Barhorstother

Thank you for your testimony. Are there any questions from committee members? Seeing none, thank you for your testimony. Thank you. I'm sorry.

Representative Sweeneyassemblymember

Representative Sanders. I have a question. One of the things that you mentioned, and it goes back to the prior authorization of, or the prior authorization I believe that Representative Baker was talking about, how would that apply to children? You know, they're either in a preemie or something of that effect. They're ready to go home. Do they stay in the hospital for 10 extra days if they don't get approved? How would this language affect that situation?

Josh Williamsother

Representative Williams to the representative.

Caitlin Feldmanother

I really appreciate that question. I'm not prepared to offer a specific answer on that today, but I would love to get back with the committee and offer that. I appreciate your thoughtfulness around that. I will note that certainly the state has a lack of, generally a lack of infrastructure around care placements and arrangements for infants and toddlers. So when there are disruptions or delays, it can prolong length of stay for hospital settings or increase longer stays in settings that just aren't meant for longer caregiving options for infants, toddlers. However, I would love to get more specific and offer a more detailed response to your question.

Tim Barhorstother

Thank you. Follow-up? Any other questions by committee members? Seeing none, thank you for your testimony. I would now like to call on Sue Gregg to provide interested party testimony. Ms. Gregg, thank you.

Sue Greggother

Thank you. I am Sue Gregg, and I'm a family caregiver. I'm also employed by Careforth, a Medicaid provider of shared living and structured family caregiving services. We have worked with individuals with developmental disabilities and their live-in caregivers since 2011, and last year began to provide services to older adults and people with physical disabilities and their live-in caregivers through structured family caregiving. In structured family caregiving, the majority of caregivers are daughters. On behalf of those family caregivers, thank you for accepting the latest sub-bill, which no longer includes the prohibition on family caregivers. Like all of you, Careforth takes seriously our responsibility to ensure taxpayer dollars are used appropriately and effectively. We do that in our day-to-day work by confirming those who receive services are eligible for those supports and in many other ways, including by providing recommendations to ODM and the legislature to inform improvements in the delivery of Medicaid services. Families across Ohio depend upon our collective work to ensure the programs are both sustainable and acceptable to meet the needs of the varied populations served. We are all outraged when individual acts in a manner that undermines the integrity of Medicaid or casts doubt upon the complexity of care and burden that family caregivers carry. Serving families in structured family caregiving, they receive a stipend. They're not hanging out with mom and dad. They're meeting the daily needs which have to be assessed, reassessed, documented, and with the health plans we're basically making sure that the state has consistent, comprehensive, and current evaluations of needs. They receive hands-on care, and the caregivers provide bathing, dressing, eating, managing complex medication regimens, which include on the average about 11 medications for older adults because of the chronic conditions. 11 caregivers never clock out. Because the medical and behavioral health conditions of older adults are complex, and care for individuals who meet a nursing facility level of care is intense, structured family caregiving was introduced specifically to ensure that living caregivers have access to and support from nurses and other professionals employed by agency providers. We estimate that this service will contribute more than $500,000 in Medicaid savings by the end of this calendar year, primarily by deferring admissions to nursing facilities. We also know that there's not enough direct care workers in the state, so family caregivers will continue to need to meet this need, and they're doing that extraordinary care.

Tim Barhorstother

Ms. Gregg, your time has expired.

Sue Greggother

I am, I know. I was just going to say thank you so much, and if there's any questions, I'll be glad to answer them.

Tim Barhorstother

Thank you. Thank you for your testimony. Are there any questions from the committee?

Representative Sweeneyassemblymember

Representative Baker. Thank you, Chair, and thank you for being here. So my question is about the structured family caregiving and kind of that shared living, 24-hour-a-day care model. So in the sub-bill, we have exempted EVV clocking in and out for that care when it's provided to people with a DD waiver. Can you talk about whether it makes sense to you that that same service when it offered to a patient under a home care waiver or an aging waiver does it make sense to exempt those folks as well, or is there a difference in those services?

Josh Williamsother

Representative Williams, Representative Baker,

Sue Greggother

structured family caregiving is analogous to shared living. So both services are paid on a daily rated service. So in essence, we're not counting minutes of time. We get paid for a full day of care. So if we had to go under EVV, the caregiver would have to, first time they deliver any kind of care in the morning, clock in. And then whenever they end providing care, when somebody goes to sleep for the evening, they would have to clock out. to constitute a day of service, but in essence, you know, it's no matter how many hours they're providing care, we're getting one payment per day.

Tim Barhorstother

Follow-up?

Brian Stewartother

Representative Stewart?

Bride Sweeneyother

Representative Sweeney?

Representative Sweeneyassemblymember

Representative Pickle-Antonio? Thank you. Thank you so much for being here today. I have a question about some of the provisions related to GPS tracking. So the way my understanding, the current version of the bill, there is not a requirement that the care provider give consent for GPS tracking. And I guess my question to you, I think as a care provider, do you think that as an employee that you should be notified by your employer that there would be GPS tracking of your location? Representative Williams, Representative, I can't answer that question.

Josh Williamsother

And because we haven't been under EVV, I don't feel comfortable answering,

Sue Greggother

but I will be glad to research and get back with you. Follow up.

Tim Barhorstother

Thank you, Chair.

Jason Stephensother

Thank you for being here. I also want to thank you for the work you do. Thank you. Could you expand on what does it take or what is required from a doctor or occupational therapist to say, yes, this individual is qualified for this type of care? Representative Williams, Representative Stevens,

Josh Williamsother

the way that services are authorized in Medicaid goes through case management services

Sue Greggother

that are contracted with the Department of Medicaid to do those roles. In that process, they would be collecting data through their assessments. they would be getting medical information, et cetera, and they're the ones that are making that determination. Based upon all the waivers in Ohio, nursing facility or intermediate care facility waivers, that person has to meet the same criteria that they would meet if they were being a resident of a nursing home or an ICF.

Tim Barhorstother

Follow-up? Any other questions from committee members? Seeing none, thank you for your testimony today.

Sue Greggother

Thank you.

Tim Barhorstother

I would now like to call on Victor Lockwood to provide interested party testimony Mr Lockwood welcome to committee

Brittany Maddoxwitness

Vice Chair Barhost, Ranking Member Baker, and members of the House Medicaid Committee, thank you for the opportunity to testify today. I appreciate the committee's decision to remove the provision that would have prohibited family caregivers from providing services to their loved ones. My mother cares for my adult sister, so that change is incredibly important to my family. However, I remain concerned about the new family caregiver oversight provisions. The bill allows annual recertification requirements, enhanced audits, and the possibility that a family caregiver deemed high risk could be required to work through an agency rather than remain an independent provider. I am concerned that these terms are not clearly defined and could create uncertainty for families who are already providing safe, cost-effective care in their homes. I respectfully ask the committee to clarify these provisions and ensure that the compliant family caregivers are not subjected to the unnecessary barriers that could reduce access to care. Thank you.

Tim Barhorstother

Thank you for your testimony. Any questions from the committee members? Seeing none, thank you for your testimony. Thank you. I would like to now call on Marilyn Curtis to provide interested party testimony. Welcome, Ms. Curtis.

Caitlin Feldmanother

Thank you. Through the chair, vice chair, ranking member Baker, and all you others, I have stressed, and you know I have stressed, because that video went crazy. I really broke down in tears today when I got the thing that said, okay, we're going to pull out all of the family caregiving. It is so important to me for disabled people to all be treated equally. When I read things that say, oh, we're going to carve this out for DD, and we're going to carve that out for DD, I lose my mind. I am an ODM, ODA, DOD provider, and I am a self-direction employee for someone that lives within my home. You were asking about GPS and this kind of stuff. I provide for them in my home. I don't care if you're watching where I go or anything else. All I care about is taking care of them. I don't care about the privacy and all of this. I have one job to do, and that's to take care of them. being a Medicaid self-directed employee we do use EVV clock end ours is just called a different form so I don't have any issues with any of that I have a bedridden son-in-law who's on a mind care waiver. I'm so tired of all the difference between all of these waivers while waiting to be a paid provider for him and being paid at less than $13 an hour. My house went into foreclosure and everything. But yet I go and get a DD client. I have to do something. I'm making $13 an hour taking care of my bedridden son-in-law. So I go and get a DD client. My DD client could wash herself, bathe herself do everything I just had to make sure she wasn eating extra food and stuff you know I made an hour doing that but yet my bedridden son who can even feed himself or take himself to the restroom, I got treated differently, all because there's a pay difference between these waivers. And someone here likes to talk about people don't want to pay property taxes. Well, we're drowning out here. You know, that's just reality. All of us are being taxed to death. And we have taxpayers out here that the medium income in Ohio is, what, $96,000. These people are making $78,000. And then we have these skyrocketing amounts. that we see IPs on the DODD side take. So thank you guys very much for removing all of that.

Tim Barhorstother

Thank you, Ms. Curtis, for your testimony. Is there any questions from committee? Seeing none, thank you for your testimony. I would like to now call on Essence, Unique Easley, to provide opponent testimony. last call for essence unique easily welcome miss easily to committee

Sue Greggother

sorry are you able to okay Thank you. Yeah, that's good. Thank you. To the chair, vice chair, ranking member, and members of the committee, thank you for listening to us today. My name is Essence Easley. I am the founder and executive director of an organization called Enduring Minds, the foundation. Again, most of my testimony is no longer relevant. so thank you for removing the family provider provision that means so much to me I just want to state my caregiver is my mother who's here today I wouldn't be able to do the things my organization does be here today have the scooter my hearing aids be able to see or get around in the community without that that that family caregiver without the waiver program so I just again want to say thank you for removing those things and and just ask you to continue to take input from the people with living lived experience to improve on the Medicaid programs in Ohio we agree with you all fraud and ways should be should be done for but we know what it's like to live with the disabilities to live with having to decide if you're going to be able to you know get out of bed in the morning or get dressed and I wouldn't be able to take my son to school without the transportation and things like that that come with my Medicaid waiver so continue to hear our stories and listen to people with lived experience to improve the Medicaid waiver and again thank you for the provisions to the to the family caregiver part of the bill thank you and I'm going to try to back up without or get away without harming anyone.

Tim Barhorstother

We have a question from the committee. Representative.

Representative Sweeneyassemblymember

Thank you so much, Chair. Essence, thank you so much for... being here today. Thank you for your service as a member of the Advisory Council, and thank you for your advocacy. I guess I just want to ask from your perspective, I'm sure that the Commission has had conversation about not necessarily things in this bill, but things beyond this bill that would make the system more workable for individuals? And I just wondered if maybe you could give us some of your thoughts about things that are not in this bill that would make the process more manageable for people who need services.

Sue Greggother

more manageable there are so many things right um and i don't want to speak for council there's another council member here today um to testify so um i i honestly i don't know what the solutions are i don't know what um what could make this better i think somebody something that someone said earlier um looking at the high risk claims versus the providers um would help and i really do think considering the parts in this bill that will create lapse in care. Just my own personal story, while my mom was going through the process of becoming my caregiver, I didn't have anybody to care for me. There were no available DSP providers in our county. So that means as somebody who was having brain surgeries and who cannot see or drive, I was unable to get to doctor's appointments, I might have been unable to get to my surgeries and things that could affect my life. So behind every cut, behind all of those things are real life situations. And so those things, I think, are the major things that would help reduce the lack in care that some of these issues

Tim Barhorstother

create. Thank you for your testimony. Thank you. I'll give you a moment. While we're in transition here, I just wanted to explain to you why some of the members are coming in and out of the committee. We have several committees going on, and the insurance committee had four votes, so members are trickling back in, and that's where we were. The next witness I'd like to call is Rachel Huffman to provide opponent testimony.

Rachel Huffmanwitness

Good afternoon. Vice Chair Barhorst, Ranking Member Baker, and members of the Ohio House Medicaid Committee. My name is Rachel Huffman. I'm an independently licensed therapist in mental health and addiction and serve as the chief executive officer of Emerge Recovery and Trade Initiative, a local nonprofit behavioral health organization serving southwest Ohio. Emerge provides treatment, recovery housing, workforce development, a registered trade school, and an ecosystem of support for individuals overcoming addiction, mental illness, homelessness, and justice system involvement. We are quickly becoming the model for recovery across the state. I want to begin by saying that I support efforts to address fraud and abuse from Medicaid in Ohio. Ohio should demand accountability and responsible stewardship of taxpayer dollars My concern is that House Bill 795 specifically the provision for the prior authorizations for all therapeutic behavioral health services may unintentionally make it harder for individuals to access the services that are helping them to recover and become productive members of society. Service delivery needs to be immediate for people with substance use disorders. It takes about 14 days to receive payment while waiting on payer decisions right now. If prior authorizations are required for all services, we need a requirement that will enable immediate decisions from payers so that there's no delay. If we turn people away while waiting on prior authorizations, it's very unlikely that they would return, and we would not do that. That wouldn't be good patient care. Likewise, when patients do not have the recommended duration of treatment hours, recidivism rates rise. At Emerge, we serve people who come to us at their lowest points. Many arrive unemployed, homeless, justice-involved, and struggling with severe substance use or mental health disorders. Recovery doesn't happen overnight. It takes time, consistency, and access to the appropriate level of care. I'm testifying today because if we limit services for patients and increase the administrative burden on providers, Success rates will dwindle, and ultimately people's lives are at risk. Emerge engages patients where they are and fights to provide services they need until they're ready to reenter society. In 2025, Emerge's clinical completion rate was 63% compared to a national average of approximately 42%. 98% of individuals who completed our program obtained stable housing. Eighty-four percent of students enrolled at our Trades Institute at Emerge graduated compared to a national average of approximately 53% in the trades. These aren't just statistics. These are Ohioans who are working, paying taxes, and rebuilding families, contributing to their communities. When treatment is delayed, interrupted, or shortened, people do not simply disappear from the system. They return to emergency rooms, detox facilities, jails, homeless shelters, and crisis services. The costs are high and the outcomes are worse and families suffer. I know I'm out of time. Thank you.

Tim Barhorstother

Are there any questions from the committee? Representative Brownlee.

Michael Dovillaother

Through the chair, thank you. Thank you for your testimony. Can you talk a little bit about the costs to agencies that do the work that you do, whether it is additional personnel, hours spent on the phone, or even loss of hours of treatment, when you're trying to provide these services and you're working on thin margins, how does that impact sort of the overall health of the agency and its ability to function? Yes. Through the Chair Representative Brownlee,

Rachel Huffmanwitness

we have a certain level of care right now that requires prior authorizations. that's called partial hospitalization. And when somebody comes through, we get the prior auth, and it takes about 14 days for that to get approved. If we get a decision, which is about 10% of the time, that that service is not going to be approved, then we eat the cost of those services rendered. It is extremely labor-intensive. Right now, for a small organization, we serve about 130 clients every day, and we have two people that are doing these prior authorizations for just that one level of care. So if we're adding this for all services, we're going to have to hire probably two to three more staff to help with that which we don get any reimbursed payment for obviously And then there continued issues with the length of time that we have to wait on that approval And so if we get a decision back from the payer that says they're not authorized, we're putting them into a lower level of care, which is oftentimes against what the licensed clinician had deemed appropriate for their treatment.

Michael Dovillaother

Follow-up. Through the chair, thank you. Thank you for that information. I also wanted to ask about, you know, you mentioned you have several different operations working within your agency, and that's typical for a behavioral health provider because there are so many different services that clients need. And in this sub-bill, there is a limitation on the number of companies, if you will, or agencies that can be housed within one address, and it's currently limited to six. Is that sufficient for organizations that really spread a wide span of treatment opportunities or options? Through the chair, Representative Brownlee.

Rachel Huffmanwitness

I'm not sure what that provision was exactly regarding six, was it six agents or entities or sites? Correct.

Michael Dovillaother

It's within the same address or location. And that's the maximum? And is that for just clinical services or I guess I'm not sure what exactly that is referring to? So we can get the exact, can we get the exact language number, like line number?

Rachel Huffmanwitness

Thank you.

Tim Barhorstother

Representative Stevens.

Jason Stephensother

Thank you, Chairman. Thank you for being here today. I'm going to try to ask it as one question, but it will be three parts. Okay. So if you could give an example of how it works today versus how it would work under this language, number one. Number two is does that get some of the fraud, potential fraud, this, or, and then thirdly, I'll say, is there a better way to do it than the way it's written to make sure that people aren't doing stuff they shouldn't be doing?

Rachel Huffmanwitness

Through the Chair of Representative Stevens, those are very good questions. So again, instead of just one level of care that we are dealing with that we have to seek prior authorization, this would be all of our services. So we have three levels of care, essentially. So this would triple our administrative burden. And then on top of that, the service limitations, it will be harder to get continued authorizations. So if a clinician is assessing someone and says they really need more time, they need to be still learning those recovery skills, but the payer says, sorry, then we have no choice but to either dismiss them, get them into the communities as safe as possible, or we would eat the costs of the continued services. And then last part of your question in terms of eliminating the fraud, in my opinion, no. The problem with the fraud that been occurring is that there been services that have been billed for people who either weren there or had maybe been there and they weren receiving those services So the prior authorization is just going to add another administrative burden It not going to eliminate the fraud For people if I wanted to commit fraud still I could I could get somebody in. I could assess them. And maybe I recommend a standard outpatient, but I billed for a higher level of care. Without verifying with the actual client that we're serving, you're not going to eliminate that fraud. that fraud, and that would be my recommendation is somehow create a system where you can verify with the patient being served, are these the services that you received, some kind of unique identifier or code. Everybody who signs up for Medicaid goes through Job and Family Services, so maybe there's something that could be set up there.

Brian Stewartother

Representative Stewart. Thank you, Chairman, and thank you for your testimony. Sonny, you know, without prior authorization, I guess, it seems like we have this system where it's pay first, ask questions, and determine whether somebody was actually eligible for the payment later. And that's a tough one when one out of every $2 we spend in this state goes into this program. So if why is simply saying that we're going to determine before we write the check whether you're eligible for the check, why is that not the most reasonable reform we could do here? I understand it may be some more hassle, but I mean, doesn't it common sense wise, isn't that the easiest thing to do is to ask more questions before you write the check rather than chase it afterwards?

Rachel Huffmanwitness

Through the chair, Representative Stewart, I don't think it's that simple. Again, when it comes to the fraud, if I still wanted to commit the fraud, the prior authorizations are not going to stop that. So it may add another layer for me. But for the providers who are good, who are providing ethical services, there is an extreme burden on them administratively. but also to the client if they can't receive the amount of services, the duration of services, the level of care that they need according to the clinician that assesses them, then they're ultimately the ones hurting.

Brian Stewartother

Follow-up? This is the other part that I think we've been trying to get to the bottom of and I think is a little murky, is today somebody comes in, Medicaid pays for services, because we don't have prior authorization, and later on we determine, oh, shouldn't have paid that. What happens then, today? Who is making the taxpayer whole when we determine on the back end we shouldn't have written this check in the first place?

Rachel Huffmanwitness

Through the chair, Representative Stewart, what should happen, what ethically happens is that the provider catches it and they unbill a service. Now, obviously, that's not going to happen all the time with the providers who are committing the fraud, right? But the way payments happen is me as a provider, I would submit a claim. It goes to the managed care organization that the person has signed up for, the client has signed up for, and the managed care organization is the one who reviews that claim, no matter if it requires a prior authorization or not, and makes the payment. So if there is an ability to increase the accountability with the managed care organizations to say, hey, if you're seeing a large amount of payments coming through or claims coming through, maybe there's thresholds that trigger certain warning signs versus again, punishing the providers doing good.

Brian Stewartother

Good. I have one brief follow-up. I think this is important. I'm reading, I'm understanding your answer to be, well, if it's determined that the provider was paid for something that Medicaid has determined they're not eligible for, then the provider may write off their own time, right? It comes out of the provider's end, not the person who received services that they weren't entitled to. And my other job I built for my time, I'm not looking to have providers stiffed on their time, right? It sounds to me like without prior authorization, there's really no way to keep – once the benefits have been given to the person who's now eligible for it, cows out of the barn. There's not a lot we can do other than stiff the provider who gave the service and unintentionally didn't do anything wrong. Am I close?

Rachel Huffmanwitness

Through the chair, Representative Stewart, if I'm understanding what you're saying, you're saying it makes more sense to put the burden on the provider to lose the cost? No, I'm saying I don't want to put the burden on the provider. And the only way we keep people from either being penalized or writing off their time is to try to have more ways to prevent us from writing the check we shouldn't have written in the first place. Right. So if there was a world where we could have prior authorizations approved within 24 hours, beautiful.

Representative Baker. Thank you, Chair. And actually, I want to keep going on the same conversation. So is there a compromise in between this? So are there certain, knowing that there's 14 days typically for a prior auth in your experience, are there some services that a prior auth could be okay that you can wait 14 days? And are there other conditions where you can't wait 14 days to find out if you're going to get a check or not because of patient acuity, because of, you know, risk to the patient? Through the chair, Representative Baker, in my opinion, no.

Rachel Huffmanwitness

Now, are there costs to different services where a provider would end up taking on more of a cost for a higher level of care? Yes. But even if it's case management, I'll give you as an example, case management is just kind of a supportive service, and it's not an everyday service usually. If we had to wait on that, providers would not lose as much money as waiting on authorizations for partial hospitalization services.

Desiree Timsother

Representative Timms, thank you for your patience. Thank you, Chair. and thank you so much for being here today and giving us some more, I guess, clarity and colors into how the law and your experience has applied in practice. I just want to go back to a few points that you mentioned on authorization. So as I said before in the last committee, I'm still new to the committee and I'm going to keep using that new card for a while. But in one of the earlier hearings, we had our auditor here and I looked at the website and there they had actually listed another behavioral health clinic of potential fraud. And it was because of these hospitalizations. And so based on your experience and in practice and I believe they worked something out so I want to also add that to the record But based on your experience how often are these clinician recommendations for care being rejected for payments

Rachel Huffmanwitness

And how does that, you mentioned that you eat the cost. How often are you eating those costs? And what does that look like for your bottom line and, more importantly, for patients? Yeah. Through the chair, Representative Thames, I appreciate your question. It looks like for us we budget about a 5% to 10% loss. So depending on the month that's anywhere within that range, we end up losing the cost because of those denials.

Desiree Timsother

Follow-up? Granted. Thank you, Chair. and because that's 5 to 10 percent of loss just on those rejections, what do you potentially foresee in terms of additional costs based on the current sub bill or do you feel like it will keep things more or less the same in terms of that process?

Rachel Huffmanwitness

Through the chair, Representative Timms, I think it will be an additional 5 to 10 percent, I would say to our total budget. That would be my guess. It's just really hard to tell right now.

Desiree Timsother

Granted. Thank you, Chair. And then lastly, you mentioned about the 14-day timeline for having something approved in order to get those paid. And you mentioned in an ideal world, 24 hours would be amazing. Now, I do not work in health care, so I have a question. Does that exist in any state in the country where things happen that fast, or is there a standard in some state where they are moving things faster in terms of prior authorizations and preapprovals, or does that not exist?

Rachel Huffmanwitness

Through the chair, Representative Thames, I don't know for sure. I haven't looked at any other states. in reality the payers are supposed to get us a decision within seven days and so that's already not being upheld and so I would love to see within 24 hours that would help us be able to move things quickly in terms of making sure the client is in the level of care that they're going to allow and I'm sorry I neglected your administrative burden question too in terms of adding more people to help with these authorizations. There is a lot of paperwork, a lot of documentation, a lot of tracking those authorizations and continued stays. So probably two to three more staff.

Michael Dovillaother

Representative Brownlee for a quick follow-up. Thanks for your patience, Chair. and to the witness. The language in the bill, it starts on line 1393, it states, the department shall deny, refuse to revalidate, suspend, or terminate a provider agreement if the department determines that an individual or entity seeking enrollment as a provider of home and community-based services under the Medicaid program is principally located at the same address as more than six other active home and community-based services, Medicaid providers, or is principally located at the same address as another home. It goes on into the home care. But you mentioned several different entities sit within one location and I know this is very common within the medical field but definitely within the behavioral health field Do you think that up to six entities within a single location is sufficient, or should we look at perhaps changing that to reflect what's actually happening? Through the chair, Representative Brownlee,

Rachel Huffmanwitness

I'm not sure I could make an argument for or against that right now, just not knowing enough about it. I know with just as a merge for an example, we have one organization, but we have different. We have housing. We have a trade school. We have some housing off campus. We have businesses on our campus. We have some social enterprises where we hire some of our people who have gone through our programs. So unless it would impact that, if it did, I would say there would be some concern. But I'm sorry, I just don't know enough about it to say.

Josh Williamsother

Rep. Williams. Thank you, Chair. So we're talking about prior authorization. Do you provide services to private insurance recipients?

Rachel Huffmanwitness

Through the Chair, Representative Williams, no. We do Medicaid only. So I have private insurance. I've had a son that had behavioral health treatment

Josh Williamsother

and I always had to get prior authorization for it. So tell me why private insurance companies are able to protect their funds by using prior authorization, but the taxpayers should not have that same protection. So essentially you're saying you're eating costs of 5 to 10% on denials, that services that were rendered,

Rachel Huffmanwitness

that were, when you submitted a claim for it, it was denied. So the insurance company is saying that you shouldn't have provided those services. Am I correct so far on what that denial is? Through the chair, Representative Williams, Yes, you are correct.

Josh Williamsother

So please tell us why the taxpayers of the state of Ohio, who we are taxing them to provide these services, that they should be giving you money for services you shouldn't have provided in the first place because it was denied. Through the chair, Representative Williams, we have licensed clinicians who assess people

Rachel Huffmanwitness

and make recommendations based on their knowledge, their education, and their licensure.

Brittany Maddoxwitness

So if they're ethical, if they're doing what's ethical, they're not fraudulently making a treatment recommendation. I would imagine that you said your son, I believe, right, may have not gone through a level of treatment. I don't know this for sure, but typically a higher level of treatment is not covered through commercial insurance. So for partial hospitalization, intensive outpatient, those services are not even covered by commercial insurance. And so I don't know what your son went through, but maybe there was a difference there. Follow up. Thank you. So you said that clinicians make the determination that these services were needed, but then when they were reviewed by the pain entity, it was denied. So they were wrong in their assessment. Tell me why taxpayers should pay for that wrong assessment. Because what you're asking for is for us to continue just automatically paying it out. There's no prior authorization before treatment is provided. And you're asking the taxpayers to eat the cost of bad determinations by clinicians. And we're saying submit for a prior authorization before you begin treatment. So explain to us why we should be eating that 5% to 10%. The taxpayer should be, you know, this is the money that we're taking from them out of their paychecks and providing free publicly funded health care. Tell us why we shouldn require prior authorization like what happens in private insurances Through the chair Representative Williams I a taxpayer too So if there is a better way to do this I am all for that But what doesn't make sense is that the provider is eating the cost either. So you have people who are licensed and educated who will see the client in front of them and make that determination. They document to the best of their abilities. and the payer who has never met with a client says, I'm sorry, we don't think that this is appropriate service, then we have been eating the cost. But if there was a shorter time frame, I think that would be a lot more reasonable instead of two weeks later saying, sorry, they don't meet that level of care. Even though we've never seen it, we have to respect that decision, make it a shorter turnaround time, and that would help overall with everything, the taxpayers and the providers. Follow up.

Tim Barhorstother

Grant.

Brittany Maddoxwitness

Thank you. So earlier you said, you know, when clinicians make that determination, they're not doing it for a fraudless basis. But we're not just looking for fraud. We're looking for waste and abuse as well. And we've seen the growth of our Medicaid payment to over 50% of our GRF funds now are expended for Medicaid. Much of it went to waste, fraud, and abuse. We saw this tremendous growth that was unprecedented here in the state of Ohio. Wouldn't you agree that given that increased volume of activity in Medicaid, okay, that's what could be causing the delays, and by getting rid of the waste, fraud, and abuse, we may be able to actually streamline the processing of claims. Through the chair, Representative Williams, no. I think from what I have seen, the fraud, waste, and abuse has happened in some concentrated organizations or with providers who have been the bad actors who have, I mean, fraudulently billed for millions of dollars of services, not these providers who across the board are experienced in the state. This is a normal thing in our space, is that we submit a claim, and 5% to 10% of the time we don't get it back. That is a normal thing. Thank you for your testimony.

Tim Barhorstother

Thank you. Our next witness will be Paul and Kathy Kulik. You are up.

Kathy Kulickother

Actually, it's just Kathy. To the chair, ranking member, and members of the House Medicaid Committee, my name is Kathy Kulick. I'm a mother, a grandmother, a retired teacher, and I am a facilitator with a program called Erase the Space. It's a program where we bring together students who would not normally meet one another because of socioeconomic differences, and they solve common problems. My original intent with the change that you made was to just walk up here and say thank you. I appreciate the changes you've made. You've addressed my concerns about personal care. And so, again, I would also, as others have said, I would encourage you to continue to collaborate with people who have real-life experience and can share that with you. Based on this last round of questioning, though, I'm also going to throw in something else. I don't really completely understand where the sudden concern about fraud has come from. We, since 2008, there have been bills that have been proposed by Democrats, at least six of them, to address fraud in the Medicare system, and none of them have gone anywhere. So I don't understand why. suddenly we have this concern about fraud. I don't want to see waste, fraud, and abuse either. I think that's kind of a buzz sort of phrase. I don't want to see any of that either. But I'd also understand why suddenly it's important. You know, Republicans have been in charge for 26 out of the last 32 years. Why is this suddenly something that's so important to you? So I will wrap up by saying once again, thank you for what you've done. I hope you're really sincere about what you're looking for and what you're willing to do for people. Any questions?

Tim Barhorstother

Any questions from the committee? Seeing none, thank you for your testimony. Thank you. Next witness will be Marlena Kendricks. Opponent testimony. Thank you so much. Hello. Ms. Hendricks, floor is yours. Ms. Kendricks, Marlena Kendricks.

Kathy Kulickother

I am a special needs mom. This is Osaya Todd. He's my son. He's 11 years old. He was born with a rare genetic disorder called STX-BP1. There's not too many like him. He's nonverbal. He suffers from myoclonic seizures. He's completely on a three- to four-year-old level cognitively. When I first had Osaya, I had no assistance. Surprisingly, my son has only been on a waiver for three years. Medicaid denied me five times before he got on a waiver. I had to hire a lawyer to take the city of Euclid to court because they had my son in a regular classroom like this. They didn't have the right equipment. They didn't have the right staff. I had to hire two lawyers to take the city of Euclid to court. And I won during COVID on Zoom. I also had to get a Social Security lawyer because they denied me Social Security with him like this. When my son attended UCP where he goes now, I had to completely change my life. Instead of going to school for eight hours a day, he went to school for five hours a day, Monday through Thursday. I took a $20,000 pay cut because of that. So I'm standing here before today frustrated, angry, and I am pissed off. These programs that y'all give us is already poorly ran. This is what I deal with every day. How dare you tell me who can come in my house and care for my child? I'm not standing here before you telling you thank you like they did. Thank you for what? I drove two and a half hours from Cleveland, Ohio with my son, and nobody's here to help me. Let's talk about the program Ohio Rise. Y'all have care coordinators who have bachelor's degrees who don't even know what they're talking about when it comes to my son. I'm educating agencies every day on my son. I'm educating your people every day about my son. It's sick what y'all are doing. I'm not standing here saying thank you. Thank you for what? Give me my gas money back for me driving those two and a half hours that I didn't have to drive back with him. Mr Williams since you the sponsor of this Bill 795 come take a step in my shoes I go to therapy every week because of the mental torture that I go through You think I asked for this You think I knew I was going to have a child with all of this I did not ask God for this, but I stepped in it. I took this on the chin. My son went to therapy three times a week for years before he even got a diagnosis because Medicaid made me go through all these things. Let's talk about genetic testing and how expensive it is. They sent me to a cardiologist. They sent me to a developmental doctor. They sent me to a doctor to see if he was on the autistic spectrum. I went to all these different doctors before they sent me to genetics because that's how Medicaid works. They want you to rule out everything else before you go to the most expensive things. Yeah, show them what we deal with. Keep vocal stimming. When I was working full time, I'm also an ex-educator. I taught in Cleveland Public School District for 10 years. I just stopped last year because of his behavior. My son is going through puberty now. And we all know what that means if you have a child with special needs. All the heightened behaviors, the hitting, the vocal stimming, the tearing up my house. But I'm still willing to do it. I've never had CPS called on me I've never had anybody think that I abused my son I pay $60 every two weeks to have somebody come in my home to get his haircut because he can't go to a barbershop and y'all was giving me $87 in food stamps I have to pack his lunch every day and they're overeaters I have the school telling me he's still hungry he's still hungry I sent him 10 packs of fruit snacks in one day because they use them for therapies to motivate him. That's one box of fruit snacks. Y'all don't know what this life is like. And you talking about the taxpayers' dollars. Where else should it go? It needs to go to education. It needs to go to this. Where else is it going to go? It's not his fault that y'all allow fraud. It's his fault. Y'all trying to take the good from us because y'all let bad get out of control. Where is the systems at to filter out the bad? Y'all got all these qualifications. Go find the tech people. this don't make no sense i'm pissed off that i'm even up here doing this this is my first time here this is my first time here god actually called me here because i did not want to do this i don't want to be standing in front of y'all begging for help why i gotta beg y'all for help i'm not awarded the same natural supports that everybody get i can't even work in the summertime because he don't have care my son is off for the whole month of june ask me what respite centers in the east side of Cleveland take him. There's only one. And it's called Puzzle Piece Respite. That's the only respite center around my area that would take him. Now ask me how many hours a day would they take him? Five. You want to know why? Because that's all y'all pay for respite hours. How when a work shift is eight hours? Make it make sense. Make it make sense. You're talking about common sense? Mr. Stewart? Where your common sense at? Turn it on. yes I'm pissed off I am a mad mother because I been struggling the 11 years I done had my son I done had to make it work make it groove I didn have to do things I didn want to do to make sure we had a roof over our head My mom, no, I'm not done.

Tim Barhorstother

I don't want to cut you off, but we're going to allow you to take questions if you want. I understand you're frustrated and I feel your pain. This program is designed for children and people of Ohio that are under conditions your son has. and I assure you everyone in this committee recognizes that. Y'all do?

Kathy Kulickother

I do. I do. I do. I'm so mad they came up here and said thank you to y'all. Thank you for what? Why am I thank you for something that should already be awarded to me? This is my child. How you going to tell me I can't take care of my child? How you going to say my mother, which is his grandmother, who has been his provider the whole time he has a waiver, which is only three years, y'all. My son is about to be 12. He only had a waiver for three years. Look at him. Look at him.

Tim Barhorstother

I don't want to cut you off. I do

Kathy Kulickother

have to keep to the rules we have. Yeah, but make it make sense. Get to the point.

Tim Barhorstother

Where are your solutions at? Bill 795, not the solution. That's the goal of this whole committee is to make it make sense, ma'am. I promise you. I want everybody to ask me a question

Kathy Kulickother

since y'all sitting up here fighting for this. Is there any questions from the committee? Come on, Mr. Williams. You the

Tim Barhorstother

sponsor? What's up? I don't have any questions, so I have to move on with the committee. Okay, Mr. Barthorst. Mr. Williams, what's up? Talk to me. What you got to say? We can't badger the representatives, and we're not going to badger the witness, so I wanted to give you your time. Okay, well, ask your colleague to ask away. He had all the heat for the one lady. Where the smoke for me? I'm ready. Let's go. Ask away. Ask away. Representative Baker has a question for you.

Representative Sweeneyassemblymember

I'll ask you a question. Thank you for coming up.

Kathy Kulickother

Thank you. So we have another bill that's not included in this,

Representative Sweeneyassemblymember

but that I'm sponsoring and would love to talk to you about after. It is a bill that would offer daycare, medical daycare, which is staffed by elementary, early educators and by nurses.

Tim Barhorstother

Point of order, the question is not germane to the bill.

Representative Sweeneyassemblymember

Listen Listen Mr. Williams I'll reword

Tim Barhorstother

Every committee has rules

Representative Sweeneyassemblymember

and we have to have rules and I know that you don't like

Kathy Kulickother

Let me talk, y'all talk all day When I sent my first testimony they told me I had to revise it because I had profanity which I really, I didn't use any cuss words I ain't dumb, like I told y'all I'm not dumb I didn't use no cuss words they just didn't like the verbiage I used I use piss poor programs because that's what y'all give us. Piss poor programs. That's what y'all give us. Y'all can't censor me when y'all just had the president on national news yesterday calling a reporter stupid to her face. But you're going to come up here and censor me? I don't care about no rules. Our president not even following the rules.

Tim Barhorstother

Representative Timms has a question for you.

Desiree Timsother

Thank you, Chair.

Kathy Kulickother

Y'all picked the wrong one today.

Desiree Timsother

I want to thank you for coming up here and also bringing your son. I apologize on behalf of my colleagues that you had to drive two and a half hours after the bill changed

Kathy Kulickother

I still needed to be here

Desiree Timsother

and I appreciate that and I just want to thank all the parents in the room because when you all come and you also bring your children or your loved ones who you're caring for it does help foster conversations as to how we make changes in the bill so just wanted to say thank you

Kathy Kulickother

I respect what you saying Ms Thames but I going to be real blunt right now This should have never been a topic of discussion I appreciate you trying to clean it up and dress it up man I not here for that I just told you I just drove two and a half hours with him like this. I'm not here for you dressing it up and polishing it. I shouldn't even have to do this. Nobody should have to do this. That should have never been a thing is what I'm saying. And I don't think y'all understand what I'm saying. Stop being rude and talking while I'm talking. Y'all done?

Tim Barhorstother

Representative Baker had a question.

Jason Stephensother

Thank you, Chair. Let me try again. Thank you for coming up and talking to us about this bill. Would you be supportive of a change to this bill that would introduce medical daycare that your son could go to during the day, stay safe with nurses and early childhood educators and provide respite for you?

Kathy Kulickother

Yes, Ms. Baker. and I would like to address that. In 2020, during COVID, I actually spoke with Mike DeWine's office about this, and I proposed this to them, and you know what they told me? We don't have the funding to do it, but if you ever do it, we will provide you with the resources, right? That never happened. That never happened, so yes, I will be for that, because do you know how many daycares turned my son away when I first started this journey? because my son didn't walk until he was three. So I had a toddler who didn't walk. And you know how many daycares turned my son away because of that? My aunt watched my son so I can work and go to school. But yet you trying to take away family support, Mr. Williams. I don't care if the bill changed. It should have never been in there is what I'm saying. And I'm not up here saying thank you to nobody. Not none of y'all.

Jason Stephensother

I don't believe I have any more questions. I thank you for your testimony.

Kathy Kulickother

Thank you.

Tim Barhorstother

Our next witness will be Melissa Baer, opponent testimony. Good afternoon.

Kathy Kulickother

I'm just a mom. I don't know how to address you guys. The committee, chair, representatives, all of you. Again, I'm just a mom. I came here today because this was before the prohibition of family caregivers was removed. But I still want to share a bit of my testimony with you because I think it is so important for you guys to see and hear what families like ours go through. I have five children. Two years ago, my mom passed away. And with that, my adult autistic brother moved in with us. At the time, I was actually pregnant with my fifth child. My mom passed away in July of 2024. My brother moved in with us in August, and I had my baby in September. And we bought a new house in December because we needed the space for my brother. When he first moved in with us, he was just sleeping on an air mattress in my husband's office, so we needed to get a larger home. One of my children also is autistic, diagnosed level 3 last year at the Nisonger Center. So I guess what I'm saying is my life was already full with my children who have special needs. I also have a child who has ADHD dyslexia and anxiety. So with all of my children's needs, and I homeschool them because they are neurodivergent and don't fit into the mold of the public school system, and my husband works a full-time job. I'm a piano teacher, and after my husband gets home from work, I teach piano, and this all helps pay our bills. And then enter my brother, who is 33 years old and can't live alone. He needs substantial support. He has lived with us for a year, and he does like to help us out. He likes to help do chores and things, but after a year of living with us, he still can't remember which button turns the dishwasher on. So he's like a 10-year-old or a 12-year-old, somewhere like that. So I guess, like I said, everything I had written here was to encourage you to remove the information about the prohibition against family caregivers, so I don't need to really get into that. But what I promised my brother that I would do here today is read a paragraph that he wrote to you all. He said, and these are his words. I did not ask him to say any of this. It's kind of a compliment to me, but I did not ask him to say it. He said, My sister has done so much for me that I couldn't do without her. She got me out of a toxic environment with my dad. She helps me get my own Ohio ID card and adjust to a new state. She helps me get to doctor's appointments, and she helps me make new friends who are also autistic. She got me set up with the Special Olympics. She even helped me to vote in the election. If I ever had to go live in an institution, I wouldn't be happy. I would miss my family and the life my sister has helped me build. And then he said that he thought that the prohibition against family caregivers should be removed. So thank you.

Tim Barhorstother

Thank you for your testimony. Do you have any questions from the committee?

Kathy Kulickother

Thank you very much.

Tim Barhorstother

Our next witness will be Lisa Morrison, opponent testimony.

Lisa Morrisonother

Good afternoon, Chair, members of the committee. So thank you for removing the prohibition of family caregivers. My name is Lisa Morrison, and I'm a parent of three young adults with autism, and I started a nonprofit, and we have social programming most days of the week at no cost to our group participants. and I also sit on the DD Council for Ohio. I just want to say I'm really grateful that you saw the value in our family caregivers, but from a financial stance, it makes good sense. I mean, our parents and our families are saving Medicaid dollars, and so I think it was a really good decision. Our families are very grateful for the decision. but because our families are serving such an important service that we really need in the Medicaid system, I urge you to allow them to be independent care providers, not force them to work for agencies. Let them have a choice. And that's all I really have to say today. So thank you so much for your time.

Tim Barhorstother

Thank you for your testimony.

Lisa Morrisonother

Go ahead.

Tim Barhorstother

Yeah, you know, to the previous mom who was up here speaking, two moms ago, So allow her some grace. I will tell you, our lives can sometimes be unbearable, and it forces us to just live in the moment. So it can be that hard. So thank you. Thank you for testimony. Any questions for the witness? I think we're good. No, I appreciate your last comments, and that why we let her have her moment and I hope she feels that she got her opinion out I hope she feels fair that we let her do that The next testimony will be Emily Lark Good to see you again, Emily. The floor is yours.

Emily Larkother

Oh, boy. Vice Chair, Bar Host, Ranking Member Baker, and members of the House Committee. We've got to stop meeting like this. My name is Emily Lark, and I am a parent caregiver to my seven-year-old daughter, Annika, who you met last week, who is on the Ohio Home Care Waiver. I do want to thank the committee for the changes to the bill that were revealed as I was driving down to Columbus. However, I respectfully urge this committee to vote no on moving the House Bill 795 out of committee. While I appreciate some of the changes made, I have not had adequate time to read over these changes and provide thoughtful feedback to my remaining concerns, including invasive GPS surveillance, breadcrumb tracking, electronic visit verification mandates

Brittany Maddoxwitness

in family caregiving environments for the Ohio Home Care Waiver. I also have concerns about the moratorium for new providers and also the establishment of a channel to remove the fraudulent funds from an already severely diminished program that helps Ohio's disability community. And again, I have questions about that because as I was driving down, that was revealed, and it's not safe to look at your phone while driving. so I did not get a chance to thoroughly read what is being done about the money that was supposed to go to the Attorney General's office from the fraud. I just want to talk a little bit with my one minute left about connection. As we've heard today from testimony in the committee, there are still many aspects of this bill that need more thoughtful consideration. And it seems that the committee had excellent questions that were not able to be answered because of the lack of time we had to examine the changes. I hope that the committee follows up with some of these interested parties and testifiers to get more detailed answers to these important questions as it is our family members. These are real lives. Some of the committee members made a connection between my daughter and their daughter. And I urge you to make a connection between Justin and your brother, between Isis and your sister, between Uzziah and your nephew, because these are real lives being harmed. And I just encourage you to slow down and consider this. and maybe it's not appropriate to rush through as there's so much that has to be considered that has been presented today.

Tim Barhorstother

Thank you for letting me go over a little Thank you for your testimony Ms Lark We have a question Representative Pickle Antonio followed by Sweeney Thank you Chair Thank you for letting me go over a little Thank you for your testimony Ms Lark We have a question Representative Pickle Antonio followed by Sweeney Thank you Chair Emily thank you for coming back

Representative Sweeneyassemblymember

I was not on the committee when you were here last week, but I watched the testimony and appreciate that you brought your daughter here to remind all of us that we are talking about real people with real lives, and I appreciate that reminder again today. In the scheme of everything that we're talking about, the question that I have seems minor, but I don't think that the privacy concerns that you have are minor. So I wanted to just ask if you could elaborate a little bit on your concerns related to the GPS tracking, and specifically if you have any thoughts about somebody being tracked without giving consent or being notified that they are being tracked. And also any thoughts about right now there is no period of time with which that data be retained or not retained. so if you have any thoughts about that I would love to hear those

Brittany Maddoxwitness

yes thank you the thoughts Vice Chair, Bar Host and Representative Piccolo Antonio Piccolo Antonio very nice to meet you I will just kind of explain my experience and hopefully that kind of goes in with the thoughts on GPS tracking and EBB verification. So on Friday, I was notified by the head of the agency that I work for that we knew that the parent caregiver exemption was being removed, but we were told by 6-6-26 that we would have to use the EVV verification and that we would have to use either our phones via a telephone or the app. And if we download the app, then there would be breadcrumble tracking. That was mandated to us even before, because it's proposed in this bill, but it's not in place right now. but we are being told to do so. So we are being told also that we have to clock in and clock out, and we have to do that at home. And I just want to talk about, I guess, some various concerns. That violates current Ohio Administrative Code, that recognizes family caregiving is different than shift-based, institutional-based care. that also violates ADA in terms of Olmstead VLC. That's a concern. If we're having to sit at home to clock in and clock out, then just for understanding purposes, my shift is 12 to 8. So if I had to do that and sit at home for that we are on the road to appointments We are at 350 a little over appointments a year That's like pre-scheduled, like therapies and things like that. And again, doctor's appointments, clinics, et cetera, not counting emergency room visits, et cetera. We might be going to a community event. We might be going to the things that my daughter is completely entitled to as a U.S. citizen and a kid. We might be going to a playground, which the American Association of Pediatrics has said contributes greatly to cognitive development and early education. So playing is important. I can't do that if I'm sitting at home. I'm also very uncomfortable with having my seven-year-old tracked and not knowing where that data is going, either inside or outside of my home. That's a huge concern as a parent in 2026, whether of a disabled, I mean, more so of a disabled kid, because of the higher risk of sexual assault, et cetera.

Tim Barhorstother

Follow-up? Representative Sweeney.

Bride Sweeneyother

Thank you, Chair. Thank you for coming back to Columbus today. I just want to first just make a quick note, and I appreciate the appreciation of everyone that we removed the family caregivers, but I just want to say that I think that the only reason that that happened was because of you and everyone else who came in and testified and shared their voices, and to me it does show that it matters. It actually is like the thing that matters the most. so I am so grateful to all of you who have come and done that because it matters but I think you're bringing up a really important point I do want to make it clear that this is not particular to this committee but it is an important part when this is supposed to be called the people's house and when we get this is the second time you've come down to Columbus and you had your testimony ready and then a bill 100 page bill gets dropped that you then have to come in and testify on. That, just for the record, we get it at the same time as you guys. So we got it at, I think, 10 o'clock. And so we're also in meetings, other committees, trying to review that also. Could you just speak to what you would like to see when we're dealing with any kind of bills, but a bill of this magnitude, do you think it would be appropriate for us to vote on a bill that we've not been able to hear from people who've actually had time to review that piece of legislation?

Brittany Maddoxwitness

No, I don't think that you should vote on something. Several of the interested party testimony answers to questions that you had was, you know, I can't speak to that right now, but I'd like to get back to you. I would really hope, because again, this is my daughter's life and other people's lives, that you do get back to them. This is a very serious bill. and I think that it needs some very thoughtful consideration and should not be rushed. I have concerns and questions. As a taxpayer, I'd like to see the evidence of fraud in parent caregivers. What I've looked at in the bill, and again, I am just an English teacher, who is now just a bomb. But what I have read seems to have a lot of stipulations and regulations and crack down on parent caregivers, but the people that I saw on the newscasts that were arrested were not parent caregivers. And that's concerning, especially when the federal mandates, the federal laws do not require things like EVV verification. That is concerning. so I think that you are all thoughtful individuals and I know that you all know what the value of life is and I encourage you and while I appreciate that you some of you were able to connect with my daughter even though, you know, or my teaching or my love of rescue dogs, I want you to know that if we are lucky, Ani will grow up. If we are lucky. And I want you to have that same concern for the adults that are trying to share their firsthand experience. I want you to think about what if that was your family member, and it's not a far stretch. And take the careful time and consideration that this bill deserves and that the Ohio taxpayers deserve on both ends, because a lot of these disabled people are taxpayers. or they are trying to be and they need support and caregiving. And they can still be productive members of society. And I hate that I just said that because I don't believe that you need to produce anything to have value as a person.

Tim Barhorstother

Representative Stevens and then Baker.

Jason Stephensother

Thank you, Chair. Thank you for being here today. So I have a question. I represent a rural Appalachian district, and we've, if anybody's followed this, has seen asking about the EVV if you don't have cell service or whatever. And I hear your point on GPS and monitoring of your home is what it feels like is being done with this bill. That may be a simplification of it. But my question is, what would be the best way to make sure, where parent caregivers are concerned, to say, yeah, this person is doing that without the GPS? Is there another way that you've thought of that could verify what's going on?

Brittany Maddoxwitness

So I can speak to what already happens. As I had a brief time where there was, where after multiple applications to the Department of Medicaid, and some of them getting lost and some of them getting ignored, I actually got the parent exemption for a little bit. But what also happens is that every 60 days, and I'm going to apologize if I am not totally correct, but you can look this up. Every 60 days, a nurse from the agency comes to examine my child, comes into my home to check on my child. In addition our case manager for Ohio Home Care Waiver is in with regularity on a different schedule like so it not like they not coming together So then I have to have somebody else come in again to check out the home. And it's like 60 days, but it's not the same 60 days, if that makes sense. And look at my child. Also, every time that we are in sorry every time that we are in an emergency situation and we are admitted to the hospital I have to call I have to call and tell them that we're being admitted when I should be by my daughter's side And granted, it's not a long phone call, but I don't know if you've ever been into a PEDS ED or an adult ED. I don't have much experience there. But it's like 8 to 11 hours of sitting and doing nothing, and then you find that you are being admitted. And usually it's an emergency situation where my daughter's unresponsive, her blood pressure's dropping, you know, really scary things. and you're having to tell your entire life story over again and I have to take time out to call an individual case manager and my boss at the agency. And then when we get home, and I just want to clarify that when you get home from a hospital stay, you're not 100%. I know a lot of you know that. Neither is my child. And so when we get home, we are having to take care and set things up. It also means that, you know, boxes of supplies have come in and we're having to, like, it is a mess. And I have to have somebody in my house within 24 to 48 hours to, again, look at the train wreck that is my life while I'm trying to make sure that my daughter is manageably okay at home. And thankfully, with Medicaid and training and et cetera, we have a lot of provisions to take care at home, but it's like a mini hospital, especially if we're coming out of an inpatient stay. So there are checks and balances in place that would show fraud. There'd be signs if there was extra money. There'd be signs if my daughter was being abused. Just follow up.

Jason Stephensother

On these visits that they come every 60 days, do they give you 24-hour notice? Do they just knock on the door? Or is it a schedule every 8th Tuesday or whatever?

Brittany Maddoxwitness

I can only speak to my experience because it varies, and parents have different experiences of being surprised, of being somebody showing up and demanding entrance. I am really lucky to have right now a wonderful case manager who will call and schedule and who will ask how my daughter is and will ask about ice skating and will ask about the human things. So that we don live in that clinical world Are you okay for one more question

Jason Stephensother

I'm not going to ask you another question. Are you okay for another question?

Brittany Maddoxwitness

Yeah, I usually have it together. This has just been a lot, and I'm tired.

Jason Stephensother

If you want to sit down, you can.

Brittany Maddoxwitness

And I wasn't supposed to be here today, and so that's why I don't even have dress pants on. Rep. Williams has a question for you.

Tim Barhorstother

Yes.

Josh Williamsother

Thank you, and thank you for your testimony. The feedback that we get is important, and make sure we're not paying with too broad of a brush. As it relates to some of the EVV and GPS requirements, are you paid per diem or per hour?

Brittany Maddoxwitness

Per hour.

Josh Williamsother

Okay. So there are a lot of the witnesses that we've talked to earlier were paid per diem. I think it would make sense to maybe exempt out individuals that are paid per diem. from the EVV GPS requirements of clocking in, clocking out, since they're paid on a daily basis,

Brittany Maddoxwitness

but that wouldn't apply to you, correct? Can you phrase the question? Yeah, so even if we exempted out people that were receiving per diem pay, that wouldn't technically apply to you since your pay per hour. So the carve-out is for DD waivers only, and I'll be very honest, there are a lot of developmentally disabled and medically complex kids that can be serviced with the DD waivers, but that are told to go to the Medicaid waivers. So that's different. So it's not a difference in per diem. There's no option of per diem on the Medicaid.

Josh Williamsother

Thank you for that clarification.

Tim Barhorstother

I don't see any more questions for the witness. Thank you for your testimony.

Brittany Maddoxwitness

Thank you.

Tim Barhorstother

Our next witness will be Guadalupe Bright, opponent testimony. The floor is yours.

Caitlin Feldmanother

Hi, thank you for having me. Chairperson, or Vice Chair, Bar-Host, Ranking Member Baker, and members of the House Committee. My name is Guardia Lupe-Bright. I am a PhD candidate married with three children and have left the workforce due to lack of proper care for my children. I was originally here to discuss the provision that has now been taken out of the bill, but in the little time that I had to review parts and pieces of the bill, I do want to address some things. I'm here because of my son, and I will show you his picture. He's been neglected at the school he attended. It's been reported. the suspicions that I have about possible fraud with about 23 pages that includes an appendix was sent to the Ohio Department of Education and Workforce. This is taxpayer money. I sent it either late February, early March. I did all this work for them to give it to them, and yet I have continued to ask them for information, and they have no update for me. And so when we are talking about fraud and family caregivers, like the individual said, I want statistics on how many family caregivers are actually being fraudulent. Because in my experience, that's not the case. In my experience, the family caregivers are giving more time and more hours than they are actually paid for And so I think that one when individuals report things like myself that it should be investigated in a timely manner. Also, in fighting fraud, it says flagging irregular patterns of activity. What does that mean? Because I am thankful that I have caregivers for my son, otherwise I would not be able to be here. But last week I was at a conference because I'm a big advocate for many things. The week before that I was at the Family Voices meeting that was here at the Statehouse. Today I am here. There is no regular pattern to my life. Sometimes I travel, sometimes I don't. And so what does irregular mean? Because you could flag the providers I have for not having a regular schedule, right? And so I think that that's something to consider. I want to address EBV system. My son has a caregiver through Ohio Rise. They use the EVV system. And sometimes they literally show up to my home, and it takes three to four, sometimes five minutes to log in. Then time to log out. And they're just standing there, and sometimes I have to get going, like I need to get somewhere, but they have to log in. And on top of that, every week I'm assigned the form saying, yes, they were here. So not only are they logging in, but I am also verifying that they were there. And so there's a double verification. I understand that. But why do it that way if we could prevent all this wasted time? It disrupts my son's services. And then I also wanted Representative Baker to say I would like to talk to you about the daycare bill. But I'll take any questions, and thank you for your time.

Tim Barhorstother

Representative Stewart with a question.

Brian Stewartother

Thank you, Chairman. Thank you for your testimony, and I appreciate you engaging with the EVV portion because obviously I think we've had differing levels of feedback on that. But just if the biggest downside of EVV is that it's taking somebody three minutes to log in to make sure that we're not being defrauded and your relatives are not being defrauded, Is that not a reasonable protection to have here?

Caitlin Feldmanother

It is reasonable, but the other concern is in that some of my caregivers have brought up is privacy. They're logging in through their phone. Like, what privacy are they having now that they're logging in, things that are being tracked? And so, yes, it's reasonable, three minutes, okay, six minutes, okay, log in, log out, but then you have the privacy concern where caregivers are already questioning, like, I don't know how I feel about this, my phone, and we already have a shortage of caregivers. Like I had to find my own caregivers because the county and the state system could not find caregivers, and they wouldn't allow me to be a caregiver due to all the hoops. So yes, it is reasonable, but I think we also have to consider how caregivers are feeling about this because they're the ones providing the service.

Tim Barhorstother

Representative Lett.

Sue Greggother

Thank you, Chair. Thanks so much for coming in today. You kind of highlighted an issue that I have been very uncomfortable with. I have a kiddo, has a DSP, logs in through EVV. By the time he's done that and logs into the billing system for his agency, there's three to four minutes of a discrepancy. meanwhile my son is running around the house like a maniac and it becomes very difficult to maintain good like shift change if you will. Can you talk a little bit about what happens in those stressful situations and what the likelihood is, you know, if we're flagging people as having a frequent mismatch of time and categorizing those as high-risk providers, what do you think is the potential that providers will continue to remain in the field and wanting to do this work? And thank you so much.

Caitlin Feldmanother

Thank you. Through Vice Chair Representative Lett, thank you for the question. What happens in that time that the caregiver is logging in, I'm trying to get to where I'm trying to get, and so I'm there waiting. My son, I have two actually. One's on the Ohio Wise waiver, one's on a DODD waiver. They have different varying needs, okay? One has extreme safety concerns of injury to himself and to others. One needs help just to be safe everywhere. His school even gives him an aid just because walking somewhere he might trip or hit something. And so I also have a six-month-old with failure to thrive. And so I'm trying to juggle all of that while waiting for someone to log in. And then I also have to verify it later. And I've searched for these caregivers. I have been very blessed that I was able to find great caregivers quite quickly. But the search for a good caregiver took a lot of time. I do my own interviews. I don't let, because we had a bad experience with an agency. So from now on, I do my own interviews. You want to work with my child? Then I will do an interview. I will see you work with my child. It takes so much time. And so I feel that pay rates are already driving caregivers away. And if we're adding more to them and adding the possibility of them not wanting to be tracked, the stress of coming into the household that has one child screaming, the other one rolling around on the ground while they're trying to log in, but they also know they're supposed to be providing services. You know, a lot of caregivers leave the field because of small things like this that just add up over time.

Tim Barhorstother

Representative Brownlee.

Rachel Huffmanwitness

Through the chair, thank you. And just to add on to that, what's the average length of time that a caregiver will stay with you? I mean, is the turnover, it sounds like you've maybe stabilized now, but what does turnover look like, and how does that impact continuity of care for your children?

Caitlin Feldmanother

Turnover, oh, through the chair, turnover was very high at first. It was having one person come in, let me see how you work with my son, another person, another person. Right now, continuity of care, he has some providers. One of them is grandma, so that's a little more stable, thankfully. but the other providers also have clients, other clients, because this is what they do for a living because this is their passion. And so if I am asking for time, like today, for example, and if my mom wasn't available and they weren't available, I have one friend, one friend that will take the boys in because she has worked with kids like them, and I am blessed to have that, right? But then their day is mumble-jumbled, right? They're expecting to maybe go to the park or do this or do that. And so even now with the aids that my boys have, the continuity of care is very difficult to keep.

Tim Barhorstother

Thank you for your testimony.

Caitlin Feldmanother

Thank you.

Tim Barhorstother

Next witness Kelly Mira opponent testimony Ms Mira in attendance If not, I will move on. Stephanie Martin, opponent testimony. The floor is yours.

Hi. Okay. When I originally wrote this, it was the beginning of the year. and a co-vice president of Ohio Grandparent Kinship Coalition. And so I originally wrote this when we did some Protect Medicaid events. And I feel like I need to change it, but I'm going to read this. And so here we go. My name is Stephanie. I live in the Columbus, Ohio area with my husband and our 7-year-old grandson. We have been raising him since birth. Being a grandmother, raising a grandchild is not something ever imagined, but it is the most important role of my life. When we gained custody, we were thankful that our grandson was already enrolled in Medicaid. We live on my husband's teacher salary alone. Because of his gross income, we do not qualify for any other government assistance. That makes Medicaid absolutely vital for our family. Having Medicaid means we can meet our grandson's health needs without the constant fear of medical debt hanging over our heads. It allows us to take him to appointments, seek specialized care, and say yes to treatment when he needs it instead of asking, can we afford this? Most importantly, Medicaid has allowed us to address our grandson's mental health needs. Through Medicaid, he is enrolled in OhioRise, a program that has been life-changing for our family. Ohio Rise has connected us with coordinated care and multiple types of therapy that help him function at home, in public, and at school. The progress he has made would not have been possible without the support. The therapies he receives are not optional extras. They are essential to his stability, growth, and success.

Brittany Maddoxwitness

Without Medicaid, we simply could not afford the level of care he requires. Losing it would mean losing access to services that help him regulate his emotions, build healthy relationships, and succeed in the classroom. Medicaid is not just an insurance card for our grandson. It is security. It is access. It is hope. It allows grandparents like us who step in to keep children out of foster care to provide safe, stable homes without being pushed into a financial crisis. For our family, Medicaid makes the difference between surviving and truly supporting our grandson's ability to thrive. I respectively ask that you protect Medicaid funding and programs like Ohio Rise. For families like mine, this coverage is not about convenience. It is about stability, prevention, and giving a child the opportunity to thrive. Thank you for considering the real impact these decisions have on grandparents and the children we are raising Now that it But what I want to add to this there other caregivers there others and they not as fortunate as me There are not providers out there. There are not people that can find the respite care. I was in the Member Family Advisory Council, but I pushed back because I seen all their data, and in so many parts of Ohio was not getting service. They did not have providers to meet these needs. Cleveland being one of the areas. And when I started questioning them, they didn't like that. And so they put me out. But I'm still fighting for it. And one other thing, and when I say grandparents raising grandchildren, there are 74 year olds raising 5 year olds that have some type of behavioral health need all of their retirement, everything and then if they go to adoption they lose the Medicaid so it's a hot mess and it really it needs to be fixed but on another level when I said we did Ohio Grandparent Kinship Coalition we did some events and I got to speak in front of Senator Herschel Craig and the state rep for District 1. Can't think of his name. But I just want to tell you about one guy that I found absolutely to be amazing, and he spoke. And I just have his picture. I don't know if you can see it. He doesn't have arms. He doesn't have legs. He wasn't born like this. He used to be a barber. and his name is Todd Hammond. And he lost his arms and his legs because he got sick and he got meningitis. And he had to learn how to do everything over again. And because of Medicaid, he's able to live at home. He's able to still contribute to society. And the thing that we had a Santa, virtual Santa, the OGKC organization that I'm with, did a virtual Santa, and he was the Santa. And when I seen it on virtual, I didn't realize he didn't have arms or legs. And he also coaches a little league team. It's just amazing. He does walk. He does have prosthetics. And if he loses Medicaid, he's not going to be able to be part of society like he is now. So that's all I want to say. And there's so much more, but I'm going to leave it at that because we want to go home.

Tim Barhorstother

Thank you for your testimony. I don't believe we have any questions from the committee. Thank you very much. Our next witness will be Amanda Lynch, opponent testimony.

Caitlin Feldmanother

Hello, Vice Chair and Drinking Member and members of this committee. My name is Amanda Runyon-Lynch, and can you hear me now? You know, I just wanted to acknowledge this was a hard day for you guys, and that is what happens sometimes for parents of children with disabilities, and I just want to say that I do thank you for being here and being present for that woman rage And you know rage is a form of grief and that is something that all of us deal with as families and I've been that lady. I had a doctor's office starting to call a sheriff on me once, so it's not pretty, but that is what happens when we don't know how to get what we need for our children. And I'm sitting here and I'm just thinking, you know, there's no what to expect when you're expecting for when your child is born with neurological problems and they have to take controlled substances from birth. Like that is not in the book. And there's really nobody there that is going to teach us that stuff. So we are learning on the fly without sleep, et cetera, et cetera. For the members that are very concerned about taxpayer dollars and Medicaid, you know, nobody asked us if we approved of $146 million of taxpayer money being spent on EVV since 2016. And, you know, if you would have asked me, I would have said, no, it's not worth it. So it goes both ways. and there's a lot of things that Medicaid has spent a lot of money on that did not help our children or our adult children. So, you know, when we're talking about prior authorizations, that is in some schools of thought a form of denial of care. When we're talking about personal care services, that is a form of primary care because primary care is given to prevent bigger problems. And for people that cannot take care of their primary body functions independently, personal care might sound like, why are we doing that? But we have to do a really good job of personal care so that our people don't die of sepsis in emergency departments. So, and these are all things that, you know, our Department of Developmental Disabilities and Medicare and Medicaid, they have policies about this stuff. So, in short, let's slow this process down and talk to our state workers who have talking points about all these things. And I think those are my comments. I submitted stuff in writing, but, of course, it's no longer relevant. So thank you for listening.

Tim Barhorstother

Thank you for testimony. I haven't heard of any questions from the committee. Thank you. Thank you. Next witness is Sherry Talley, opponent testimony. Going once. Following witness will be Brenda Dykes, opponent testimony. Next we will have Susan McNabb Are you present Susan? The floor is yours

Sue Greggother

Hi, like many others I had a testimony prepared My son, his name is Noah He's 25 years old And big guy, 6 foot 3, over 300 pounds Kind of reminds you of a family from Moana He started getting waiver services four years ago, and there was a situation where he was abused, and I reported as MUI, and nothing was done. and then his oldest brother stepped in and became his direct support professional, and I was so happy. He wasn't, you know, just having that, you know, the trust with my son. Then another brother started becoming his worker two years later, and now he has a third brother. And the peace of mind I have, knowing that he's in good hands, you know, that's one thing that hasn't been discussed. You know, family, they take care of disabled brothers, you know, sisters, children to prevent abuse. I trust my sons. And when they're working, I have peace of mind. And it's not like they don't get benefits, they don't get vacation, the pay is not that great. My oldest son has a permanent bite mark on him from his brother. He still shows up. they can't call off because my son, he's very strong. If one of his brothers is late or calls off, he might break something. They're the reason why he's not an institution, which he was in one when he was a teenager, and he was abused at an institution before the provider abused, before his brothers helped out. So thank you so much, Mr. Williams, Representative Williams, for removing that and for the committee. You know, a lot of us came out today. I'm an autism mom, very, you know, upset. I was outraged. I miss work to come out to this, and I'm so glad. I was relieved that it was removed. And, again, the mom earlier, I definitely felt what she was feeling. You know, we just, I get it. There's fraud. Get the fraud out of there, but it's not the family. People who show up for their siblings, their children, you know, That's not their first choice as a career. They show up just to be a good family member. Thank you again. That's it.

Tim Barhorstother

We have a question from the committee. Representative Brownlee.

Rachel Huffmanwitness

Through the chair, thank you. Thank you for that testimony. I'll just ask you to please speak a little bit on what MUI is, a major unusual incident, and how that not only impacts the security of the person that's being cared for, but also how it can make care look erratic. Every day may not be the same because there are people who have regular MUIs. Yeah.

Sue Greggother

So MUI is if there's something, if the client is hurt or hurts someone or something unusual, you report that to the county, they investigate it. With my son, he doesn't, yeah, it's hard, it's not predictable. Yeah, like he broke away, window a couple months ago, but he's been fine. He takes a lot of heavy medications, and yeah, you can't track an MUI. And yeah, that's a very good question about that. It's, like I said earlier, it was, they said, because my son, he can't talk. He can't advocate for himself or say what happened. And the workers basically blamed him, and that's when his oldest brother stepped in. But, yeah, with the MUI, it's a good point. You can't really track. Like, my son, his days are different every day. Depending on his mood, he takes about seven medications, very heavy medications. It depends on his workers. You never know. Sometimes they have a behavior out in the community There be an MUI his former provider he someone thought like that the workers were hurting him but they weren't. He was having a meltdown in their vehicle at, like, a speedway, and police were called. And, yeah, but usually, I say 80% of the time he's okay, but it's at 20%, and it can't be predicted. Sorry, I was verbose with your answer, with my answer.

Rachel Huffmanwitness

Follow-up. Through the chair, thank you. And thank you for that explanation. You said about 20% of the time. I mean, how often do you think you have an MUI or something that really changes the whole course of the day where it might impact the sort of standardization of care?

Sue Greggother

Well, MUI is like the most extreme. He does have incident reports, UI. Like MUI is like a major incident report where MRDD investigates and contacts like the provider, the people there, and does a phone investigation. I would say with just incidents, like it's really hard to say. I would say that like would be more like 40 percent because his days are very unpredictable. You know, he can get upset. He's violent when he's upset. and it just depends. I visit him at least three times a week and he'll have behaviors when I visit. And that's not technically an MUI, but it's a UI. But there's still behavior happening. But it's very hard to track. And that's a really good question. That's something that hasn't been discussed that much. I think one other person talked about it. But just, you know, you can't predict. predictability with severe autism. You just pray they have a good day. And so I don't think anything concerning alerts for providers with unusual activity. Noah has two-to-one staffing, so he has two people there all the time. I've had providers quit on Noah because he was too much. and I will tell you in the four years he's been with DOD, the waiver, they've earned their money, you know, and they don't get paid that much. I mean, he can be a lot to take care of. So I do appreciate that service. But, yeah, I don't think I get it. You want to track people clocking in and clocking out to make sure there's no fraud, but the activity of the clients, that's really hard to say because my son has severe autism, but somebody else might have level 2, and they might be a lot more predictable. So you really have to have, sorry, a knowledge of the different levels of disabilities, you know, and it's just too, yeah, it's very hard to predict. Thank you.

Tim Barhorstother

Thank you for testimony. Thank you. Our next witness will be Lauren Flynn, opponent testimony. Lauren, the floor is yours.

Lauren Flynnother

Hi, everybody. My name is Lauren Flynn, and I am a parent provider. And as a parent provider, I'm so grateful to hear about the changes to this bill. But I still wanted to speak to help the elected officials gather today, understand how crucial it is that safe, accessible care can be as readily available as possible for our disabled populations, both pediatric and adult. I'm here to speak up for my children who are unable to do so for themselves. I'm the adoptive mother of three boys with significant and extensive disabilities. My 16 has cerebral palsy My 14 son has autism is blind and is a shaken baby survivor and my youngest has autism and epilepsy They are the light of my life and my purpose and reason on this earth and there nothing I wouldn do for them including standing before you today despite my own anxiety around public speaking Also, to speak on some of the tracking that's being suggested, after this is over, I need to drive two hours to Akron to my son's specialized summer camp, because he's only been there for 24 hours of the week that he'll spend there, and they've already managed to break his G-tube. I will not be paid for the four-hour drive time to go and change the G-tube, which is a service that the specialized facility-based care that he's currently in so that I can have one week break of the entire year is not able to provide. And I will not be compensated for the drive time because that's currently not allowed. So there is plenty of fraud going on against parents. We're not the ones doing it, but I will be giving my four unpaid hours while I'm paying for him to be there. As someone who has children who have benefited immensely from tax-dollar-funded programming, I will always be the first to say that funds need to be allocated with care and appropriate oversight, because when your child has extensive needs, every dollar, every resource is precious. However, any changes that slow access to care are not humane ways to save funds. And as a member of the disability parent community for eight years since adopting my oldest son, I can tell you that a more selfless and honorable group of people than the disability parent community does not exist. So to hear that our community was being accused in this way of fraud, even indirectly, was very painful, given how much we give of ourselves every day for our children, every ounce of our energy, our very lives. In my lived experience, the training, charting, and oversight required to access continued care through parent-provider services is already extensive, difficult, and places undue burden on family caregivers in the current system. So to make it more difficult to access would absolutely cause interruptions in care. It's easy for most people to think of me and parents like me as a stereotype, a welfare mom living off of benefits. That could not be further from the truth. I've actually been able to maintain a career teaching full-time because of the extra resources of my second income as a parent provider. I'm proud to be an Ohio homeowner, public school teacher, and taxpayer, and I want services to continue to be easily accessible to my children so that our family can continue to contribute in positive ways to our community and economy. Everyone wants their child to have the best possible care, and for children with complex health needs that's often not able to be replicated by anyone but their parent who knows what every nonverbal signal means. I am not replaceable as caregiver to my sons, even if other caregivers weren't in incredibly short supply, if impossible to find. Under the current system, when we try to staff hours with other providers, it takes an extremely long time already to get new staff boarded, leading us to lose most of the new providers that I find through aggressive recruitment before they even start. Adding even more provisions will only worsen these issues. Please, I beg you, don't put us back in the dark. I want to continue to facilitate my children thriving in our home, not an institution. We need these programs to stay funded and efficient in order to maintain quality of life for our families. I commend the changes made, but I do think additional oversight is needed to ensure quick patient access to care, as many others have stated today. These changes should not be made quickly to the Medicaid system because the impact will directly affect an extremely vulnerable population with potentially devastating consequences is not made thoughtfully with their needs at the forefront. For example, one of the current provisions of the bill is that IO waiver clients like my son, which they have an IO waiver because they are a higher level of care, are not exempt from some of these extra measures. So I don't understand why that would be because the IO waiver is the highest need. You will save more money by trusting your families your constituents and by involving us in these conversations than you will on making quick snap decisions Thank you

Tim Barhorstother

Thank you for your testimony. I don't see any questions from the committee. You can return to your seat. Our next testimony will be Amy Clawson, opponent testimony, our next witness. Owen Stamler, are you in the house? There you go. You have the floor.

Owen Stamlerwitness

Thank you. My name is Owen Stamler. I'm a family member to my sister Avery, who has autism. I am also a public servant and an Ohio taxpayer. I'm speaking today in opposition to House Bill 795, and my intent is to shed some light into what my perspective is as a family member, a previous independent provider who used EVV with much difficulty, and a public servant whose job it is to authorize these Medicaid services to people with developmental disabilities and monitor these services so that fraud is not happening. A day in the life of what it's like to be a sister to Avery, my parents, despite their best efforts, were not able to get her eligible for Medicaid, county board services, a SNAP card. I had to help her do all of that, and it took me years. So just by getting all of her paperwork in order, understanding the systems in place, what we needed to do, there's your prior authorization, okay? Not anyone can just sign up for these programs. There is a lot that needs to be put into place to achieve that. As a previous independent provider, I used EVV. I still probably have the app on my phone from years ago. The app crashed more than it worked. It also requires you to reset your password very often, which also delays the care. I was a care provider to a woman who lived alone who had cerebral palsy. She needed to get in and out of bed quickly. She's been waiting for hours for me because she was only awarded a few hours of care. But instead I'm sitting there refreshing the app, closing, turning my phone on and off, just going inside anyways because I care about her and want her to be relieved. And instead I can't get the app to work so I have to plug in my hours on my computer at home anyway. So I could have just as easily put in whatever hours I wanted to commit fraud than sit there on my phone. So there's an example of my experience with EVV. As a case manager, a day in life looks a lot like having my caseload of 30 to 100 people. I actively monitor their programs, their funding, their services, their quality of care, reporting on MUIs, making sure no one's being neglected, no one's being taken advantage of. The programs we authorize, within 30 days of authorizing a service, such as a day program or job coaching or transportation, I have to go witness the service being authorized. We have a 30-day meeting to ensure that things are working swiftly. I monitor each new service every time it's adjusted, which is often, and just keep in touch with people to see how things are going. So each of these times I'm visiting, I'm looking at doc sheets. I'm looking at the services to ensure that they are in fact being provided. If they're not, if I am suspecting fraud, I report it. The barrier to me addressing that fraud is my caseload. How can I do that for over 30 people every 30 days? I have more people on my caseload than I do in a month, right? Some of the other barriers that are in place are the providers. If there's a strain on the providers, then they're also spread too thin. They're also doing overtime. They're also combining their clients. So it adds a lot to the barriers in place. One other thing I wanted to touch on is county boards. the services in place are payer of last resort. County boards are the payer of last resort. We need to look at busing first. We need to look at other public programs before a Medicaid service is authorized. That needs to be exhausted, documented, and then I can justify enough support that they are disabled enough to have that service in their plan for Medicaid to pay for that service. So there is another layer of fraud prevention that I have ensured that this is, in fact, going to meet their needs. A large part of what we do is innovation. We have an agency picnic this Friday. I am nominated for an innovation award. That's a core value of our agency. All case managers do is innovate ways that we can meet the needs of the folks we serve in a safe, healthy way. So if you all have questions about ways to be innovative about fraud, prior authorizations, or family caregiving, I would love to answer your questions.

Tim Barhorstother

Any questions from the committee? Any EVV questions? I'll give you one. Okay. If you could change one thing with EVV, what would it be?

Owen Stamlerwitness

Ooh, one thing to change about EVV, logging in. I would love to have one password that I don't have to change every few weeks. That would be a start.

Tim Barhorstother

Thank you very much. I appreciate your testimony. I'm sorry, we have a question from Rep Stewart.

Brian Stewartother

Thank you, Chairman. Thank you for your testimony. You looked my way. I guess the question is, is it your position we should not have EBV?

Owen Stamlerwitness

My position is that it's not going to address the fraud. My position is that strengthening the systems in place of the case managers authorizing that fraud would be a really great place to start catching the fraud where it begins not after

Brian Stewartother

Is that another way of saying that you don't think we should have EVV?

Owen Stamlerwitness

Yes.

Brian Stewartother

Thank you.

Tim Barhorstother

Representative Antonio.

Antonioother

Thank you so much, Chair. Sorry, we are also just making our way through some of the details of this. So the question that I have, first of all, thank you for coming. You shouldn't have had to be here, but thank you for being here. The question that I have is related to tools used to detect fraud. And one of the things that we haven't really talked about today is the use of artificial intelligence.

Tim Barhorstother

I guess, could you talk about from your perspective, is that something that you think would be useful as a tool? And if so, what are your thoughts about what kind of human interaction with those tools would be necessary in order to make it effective and useful information?

Brittany Maddoxwitness

I don't think AI is there enough yet to accurately detect or catch the fraud. I think seeing the services in place, the doc sheets in place, monitored by quality assurance, provider relations, the case manager themselves, the DODD's own certification renewals, increasing those perhaps, would be a much better use of money and time than AI. I don't know if any of you have used it or looked for things, but it's almost always wrong. It needs proofread. It spells things wrong. It does, like, characters that don't even exist. I don't know if you've ever looked at the hand of an AI image. It's scary. So I firmly am against the use of AI for fraud detection.

Tim Barhorstother

May I ask one follow-up?

Jason Stephensother

Thank you, Chair. While we're on the topic of technology, I know we talked about EVV. I don't think that we really had a lot of conversation with you about the GPS tracking. Wondered what your thoughts are about GPS tracking. Specifically, as the bill is currently written, there's no retention schedule for how long that data be kept. I don't believe that there's a requirement to notify someone that if they accept a job as a caregiver that their location will be tracked. If you could share your thoughts about that. Thank you.

Brittany Maddoxwitness

So actually in my case management, I have a technology assignment. And a lot of the conversations we have are people who elope, people who need help to determine where they're going to work. if they're leaving the house, GPS tracking. Can we put something into their shoes? Can we put an air tag onto their coat? The answer to most of those things are no because it's a rights restriction. They have to have the ability to consent to being tracked. They have to know where that information is going, how long it's being kept for. So if we have that in rule for the people we are serving we should maintain that to the providers as well And there was another point to your question that I'm not touching on. In a rights restriction, we need special approval if it is indeed deemed that they cannot consent to a tracker, but it's in their best interest and everyone else's safety to continue with the tracker, that has to be approved by a human rights committee. This committee meets frequently to observe that right being violated. We have a behavior caseworker who is assigned who has to monitor and track this with the providers in that place who are restricting that right. So maybe if DODD, the Department of Medicaid, maybe the House of Representatives could have a human rights committee and be monitoring this every 30 days of all the providers' rights being restricted, that would suffice.

Tim Barhorstother

Representative Brownlee.

Representative Sweeneyassemblymember

Through the chair, thank you. I know we're talking a lot about technology, but Medicaid is really about people. And can you tell us what could be helpful in terms of supporting the people who are supporting people on Medicaid, including, you mentioned caseloads, including caseload sizes that would be appropriate to actually be able to do this work to make sure that people are getting what they need, they're getting so in a timely, you know, honest manner, and that outcomes are good for these folks.

Brittany Maddoxwitness

Yeah, reducing the caseload size is the first thing that comes to mind, allocating more resources into the county boards and the case management agencies. If I had less than 30 people, I could provide more visits. I could oversee the care more frequently. I can monitor each of the services more frequently and ensure they are indeed being met. All of the services are driven by a plan. This plan is written by the case manager. This plan is very detailed in the scope of service of what that person's needs are. It's driven by an outcome that we have to monitor as well. So if all of those things are not multiplied but instead divided, subtracted, I could ensure that it is in fact being delivered in the way that Medicaid has approved, that the county board has approved, and that the provider has agreed to complete.

Tim Barhorstother

Thank you for your testimony.

Brittany Maddoxwitness

Thank you.

Tim Barhorstother

I have one more witness. If you are in the room and been passed over, please let me know. But this will be our last witness if I don't hear anything. The witness is Sarah Davies. Are you with us?

Caitlin Feldmanother

Sarah.

Tim Barhorstother

The floor is yours.

Caitlin Feldmanother

Thank you, Vice Chair Barhurst, Ranking Member Baker, and members of the Medicaid Committee. I am so grateful to be here and speak with you today. My name is Sarah Davies and I am a person who has worked in the ID field since I was 18 years old I started off as a direct support professional have worked for a county board of developmental disabilities as a service and support administrator and a provider supports person. I have run a CE... I've been the CEO of a nonprofit provider agency, and I was the director of relationships for a national financial management service. We support self-direction, which I heard some misconceptions about. So if you have questions. I know that sounds like maybe I'm bragging and I do love a good word of affirmation, but it's so that you understand that when I tell you my most important role within the IDD field is that of mom. I am the very proud mother of five, five mom, oh she left, five mom club, very vibrant children, ages 13, 11, 9, 7, and 5. My 13-year-old daughter, Evangeline, or Evie as we call her, is, I don't like labels, but let's give her the label of profoundly disabled. That's what she's called per the rules. And it has multiple medical complexities. When Evangeline was five, we began the process of seeking support through home and community-based service waiver. Now I have heard people say, oh, you can get on this program with a doctor's note, and if only in my dreams that happens. We had to meet with countless developmental specialists. We had to plead our case. We had people observing, professionals observing my daughter for a total of two hours and then telling me all the things about her as her mom that were quite shocking. We had to go to case conference within the county board. There was a process. One of my favorite quotes is by Rabbi Abram Heschel, and he says words create worlds. And I kind of live by this motto, right? What we say matters, what we write down matters. It all matters. And when I tell you that I'm a pretty resilient lady, the process of going through what we had to go through to get a waiver nearly broke me. Eight years later, and I still feel the despair. I had holding a six-page report on how my daughter would never amount to anything, how her life would always be miserable. my life would always be miserable, and her siblings' lives would always be miserable. We were also pushed strongly to a straight ODM waiver. So while I'm here to advocate for my daughter who is on a DODD waiver, we also cannot ignore the fact that just as many people are using ODM waivers. So to carve out specific things for specific groups when the disability group spans everything could potentially be harmful. I think, and I understand that I'm up, I just really wanted to share the experience that we had in seeking this help that we desperately needed and hearing things, again, about her value, her worth, our life, and even questioning our ability to effectively be parents because we were seeking help within the system. This is a hard journey that a lot of us are on. It's completely worth it. And while I'm up here fighting for my daughter and what I feel she deserves, I also recognize there's a million other people out there, a million could be an overstatement, that need those services as well. I don't know how long, echoing some of Emily's thoughts, I don't know how long she's meant for this world, probably not an exceedingly long amount of time, but there's plenty of people with disabilities living in their homes living in their communities that deserve access and trust and the ability for those home and

Tim Barhorstother

community-based services. Thank you. I don't see any questions from the committee. Oh, I'm sorry. Representative Stevens.

Jason Stephensother

Thank you, Chair. Thank you for coming in today. And one of the things I've picked up on today in today's testimony, and maybe you can speak more to this, is you go to your local county board of DD, developmental disabilities, ask for a waiver, and I think I've heard a witness or two say they were encouraged to go through the Department of Medicaid. Are you able to explain the difference between the waiver from the DD and the waiver from Medicaid? Is there really a difference? And if you could talk about that a little bit.

Tim Barhorstother

Through the chair to Rep. Stevens.

Caitlin Feldmanother

I am not an amazing expert on the Ohio Department of Medicaid waivers. However, there is a big difference in the way they're funded. So DODD waivers that are administered through the county boards have a local match, which is very reliant upon levy dollars, right? You're having those levies passed within your community or not passed lately. and so that is there is a 40% match it's about 60-40 there could be little nuances in there what is being matched by the state and what's being matched with local dollars there is still regardless so an ODM I don't know why well I have theories but we'll keep those to I don know why there is so much push towards those waivers right But it was and it really depends on the caseworker So if your caseworker or that person that there to support you through that process doesn't have good knowledge of both systems, you're going to take the first waiver you get because they're lifelines, right? You're not going to sit there and say, oh, no, no, I'm waiting for the next one. I worked in the system, and I put up a fight because I knew that there were differences and key differences and things that I wanted from her HCBS waiver for her. So because of that, I was able to push through, but not with ease by any means. And sometimes I think it would have been easier had I just gone a different route. That's what I was looking for.

Jason Stephensother

I mean, there is, you know, the DD is supported by the local community, you know, through the board of DD. You know, our particular county does not have a levy, so therefore it cuts into the, you know, the county budget. You know, so the county or the MRDD budget, sorry, DD budget is taken care of. Yeah, and they've tried to pass a levy over and over again, and it's failed just recently as last year. So thank you for that question.

Tim Barhorstother

That spurred a few more questions from the committee. Rep. Williams would answer. It was the very same question. He answered that, and then we got Rep. Baker.

Josh Williamsother

Thank you, Chair. And mine was kind of that, but one step further. So in your description of the two waivers, that makes me think that folks with DD are not, if we wanted, if for some reason we wanted to carve out people with DD, just using a DD waiver would not do that There are folks with DD on aging waivers on Medicaid waivers Is that correct Through the chair Tourette Baker

Caitlin Feldmanother

That is 100%. I also have been very fortunate to be involved in the Ohio Olmstead Task Force. The majority of my career is through DODD and different provider agencies and everything like that. And being able to interact with these advocates who are on ODM waivers has really expanded my knowledge because I used to think I was fighting the good fight for all people with disabilities, Gomi, and I wasn't. And I was actually doing a lot of harm to the disability community. So I personally feel that it is, if we are supporting people with disabilities, then we are equally supporting ODM, DODD, and Area Office of Aging.

Tim Barhorstother

Representative Litt.

Sue Greggother

Thank you, Chair. Thanks so much for your testimony. You have such a unique perspective. You're doing it professionally. You're living it. I wanted you just to talk. I think you clarified a little bit about how we have a lot of intersectionality of people, of varying abilities across all waivers, but in particular the non-DD waivers. I wanted to see if you could illuminate a little bit about how long you waited for a waiver. and in your professional experience, how long it typically took for a family to go from needing a waiver to getting a waiver. And thank you.

Tim Barhorstother

Through the chair to Replat.

Caitlin Feldmanother

So that's a question. So something that's very interesting is prior to, I don't have the exact year, but Ohio has technically ended or at least through DODD has ended the waiver waiting list So Evie was placed on a waiver waiting list when she was about two years old and we were told when it comes up it comes up right Now they have adjusted that, and I am not sure. Again, I am more familiar with DODD, not ODM, that there is what's called a waiver wait list assessment, and you can request this from your county board at any time, and it goes through like immediate need, emergency need. I'm going to get it wrong, but do I need it now? Am I going to need it within a year? Or is it going to be two to three years out, right? And especially when getting a waiver for a child, I recognize that is not something that's very common. But there are so many assessments that are done for people seeking services that it's very thorough, right? And Evie falls into a category that's called extraordinary care, where what I do for her so surpasses what a typical 13-year-old would need that she qualifies for a lot of things and would even qualify for family caregiving should I need to go that route in the future. Thank you.

Tim Barhorstother

Thank you for your testimony.

Representative Sweeneyassemblymember

Just one real quick question. What county do you come from and your main experience you're telling us about?

Caitlin Feldmanother

I live in Lucas County right now.

Representative Sweeneyassemblymember

Okay. Thank you.

Tim Barhorstother

With no further, I'd like to direct your attention to written testimony for Substitute Bill 795. Please see those on your iPad, members of the committee. With no further business to come before the committee, the House Medicaid Committee stands adjourned. you

Source: Ohio House Medicaid Committee - 6-8-2026 · June 8, 2026 · Gavelin.ai