Representatives of several providers and provider groups have testified that the clause of HB 221 that would transition individuals age 45 and older off developmental therapy and onto the Aged and Disabled Waiver program would actually move them, in many cases, to a more intensive and higher level of care. "It may result in an increase in costs to the state," Michael Wilson, head of Inclusion Inc., told lawmakers. His firm has 400 employees statewide providing services to this population.

James Piotrowski, an attorney for a providers' group who analyzed the bill, said in order to qualify for the developmental disabilities waiver in the first place, "It is necessary, both as a matter of federal and state law, that the individual be eligible for that level of care that is provided in an ICF," an intermediate-care facility. That means they'd move there if their waiver to receive the lower level of care in the community were removed.