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Ventilator-dependent Iowan gains 24-hour in-home care after HHS OCR complaint
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Summary
Garrett Frybe, a ventilator-dependent disability-rights advocate, said an expedited Office for Civil Rights complaint with the U.S. Department of Health and Human Services secured 24-hour home care, respite services and higher pay for his caregivers after years of denials and appeals.
Garrett Frybe, a ventilator-dependent Iowa resident and disability-rights advocate, told officials at a U.S. Department of Health and Human Services online event that an expedited complaint with the department’s Office for Civil Rights led to 24-hour in-home care and respite services that his family had long sought.
Frybe described the change as dramatic: "I now have 24 7 care coverage along, along with respite services," he said, adding that he was able to recruit and pay caregivers a livable wage and that he receives nursing care twice a week with overnight and part-day daytime coverage.
The Office for Civil Rights (OCR) process mattered because Frybe and his family said repeated state denials had left them without adequate home supports. Frybe said his waiver hours increased from six hours a day to 24 hours per day after the OCR action, but that earlier denials of higher reimbursement rates and in-home respite had made it difficult to hire and retain caregivers.
"I filed the complaint with OCR because I have been trying to get approval for 24 7 care within our own homes," Frybe said. He described appeals to lawyers, legislators and his governor's office before filing the OCR complaint.
Frybe said the added services helped both him and his family. "These supports have helped me live a more productive, active, and independent life. My mother now is able to get a good night's rest," he said, identifying his mother as Charlene, who was present.
Event hosts said OCR staff member Holly Garrett worked closely with Frybe during the expedited resolution process. Frybe thanked OCR and also referenced the Department of Justice and a 1999 Supreme Court case he said had allowed him to attend public school with needed supports.
Frybe characterized filing the complaint as decisive for his access to services: "Filing a complaint with the OCR has really truly been a game changer." He said he hopes sharing his experience will help others in Iowa and across the country facing similar obstacles.
The event was produced by the U.S. Department of Health and Human Services.
