DAVE BENJAMIN, DDA

JADE GINGERICH, MDOD

EMPLOYMENT FIRST IN MARYLAND 3.0

What’s Happening at the Federal Level

Congressional Report: Unfinished Business: Making Employment of People with Disabilities A Priority, Report from Senate Health, Education, Labor and Pensions

First policy need: ensuring that youth with disabilities, as they transition from

school to the workforce, have the skills, opportunities and supports necessary for them to succeed in competitive, integrated employment settings

Second policy need: to address the needs and quality of life of people with disabilities who have been long-term participants in center-based employment.

http://www.harkin.senate.gov/documents/pdf/500469b49b364.pdf

•In July 2010, President Obama issued Executive Order 13548, establishing the goal of hiring 100,000 people with disabilities in the federal workforce by 2015.

•OFCCP regulations released August 27, 2013 require federal contractors have plans and have 7 percent of their workforce individuals with disabilities

•US Department of Justice been actively pursuing cases related to Olmstead

•CMS has issued an Employment guidance and also pursuing settlements

Enforcement and Other Activities

US Dept of Justice: Oregon and Rhode Island

DoJ Oregon Finding related to Olmstead, lawsuit underway: State was unnecessarily segregating individuals with intellectual and developmental disabilities in sheltered workshops when they could be served in integrated employment settings

U.S. v. Rhode Island and City of Providence (and school system); Found that the State and City have unnecessarily segregated individuals with intellectual and developmental disabilities (I/DD) in a sheltered workshop and segregated day activity service program, and have placed public school students with I/DD at risk of unnecessary segregation in that same program

Virginia and US DoJ Settlement Agreement

Within 180 days of this Agreement, the Commonwealth shall develop an implementation plan to increase integrated day opportunities for individuals in the target population, including supported employment, community volunteer activities, community recreational opportunities, and other integrated day activities.

Number of individuals who are receiving supported employment;

Length of time people maintain employment in integrated work settings;

Amount of earnings from supported employment;

Number of individuals in pre-vocational services as defined in 12 VAC 30-120-211 in effect on the effective date of this Agreement; and

Length of time individuals remain in pre-vocational services.

Virginia continued

And set targets to meaningfully increase:

number of individuals who enroll in supported employment each year; and

number of individuals who remain employed in integrated work settings at least 12 months after the start of supported employment.

New York CMS Agreement

By May 31, 2013, New York must provide CMS with a baseline count of the number of enrollees receiving supported employment services and the number of enrollees engaged in competitive employment for the most recent period for which data is available (i.e. May 1, 2012 through April 30, 2013).

New York

Effective July 1, 2013, New York will no longer permit new admissions to sheltered workshops. The state will report the number of enrollees that remain in sheltered workshops in each quarterly report

New York continued

By October 1, 2013, New York will submit draft plan for CMS review & final plan no later than January 1, 2014. Plan must include: increase in number of individuals in competitive

employment, the number of students exiting education moving

directly into competitive employment, a timeline for closing sheltered workshops, & a description of the collaborative work with NY

education system for training/education to key stakeholders on the availability/ importance of competitive employment.

New York continued

State must also increase the number of persons engaged in competitive employment, through Supported Employment, by 700 persons above the previous 12 month enrollment, with no exceptions for attrition during the period of April 1, 2013 and March 31, 2014.

Only integrated gainful employment at minimum wage or higher will be considered competitive employment.

Key Changes Underway In Maryland

Waiver renewal includes language that supports Employment First, in alignment with CMS Employment Guidance

Regulations are being revisedBenefits counseling is now an allowable waiver

service if provided by someone with state certification

Providers can break a day into 2 to allow for a mix of services and to facilitate access to DORS funding

Providers must first access DORS funding, if available

Additional Maryland changes

Providers will need to document annual efforts to move individuals towards employment and/or the community. All services are to be designed to lead to integrated employment.

Waiver categories are based on CMS Supported Employment Community Learning Services and Employment

Discovery and Customization Day Habilitation (includes prevocational and

volunteer)

Key Accomplishments

On-line Benefits Calculator available at www.mdod.state.md.us

IP Employment Template has been piloted.Employment Data system has been piloted

and launched in October. MD has been selected as part of a national

Employment Learning CommunityDORS/DDA Cooperative Agreement has been

revised and signed in October.

IP Template

Each person’s team should revisit the subject of becoming employed annually, identify barriers to employment and address those barriers on the person’s plan.

For people who are already employed the team will look at satisfaction and the person’s desire for advancement or a different job etc.

All providers will need to document annual progress toward addressing barriers to employment for individuals not employed

RATES

Part of broader discussion at DDADeveloping recommendationsRequesting that rates be laid out that allows

for transparency as to what’s included in the rate and the assumptions

Need to incentivize individualized integrated employment outcomes

Employment as an Expectation

Benefits Counseling: once an individual decides to seek employment, it can be obtained via DORS but pre- employment benefits counseling is now accessible through the waiver for consumers and families as means to overcome some of the common fears and misperceptions about employment.

Address barriers in person’s plan as previously mentioned

Create an expectation of employment, particularly for transitioning youth

Additional Discussions

Funding structure and ratesHow to build the system capacity and provider

staff skills including identification of core competencies to implement Employment First

How to ensure retention and advancement Parents concerns ie safety, benefits, TransportationResidential providers must play a role in

supporting a person’s employment and/address barriers or concerns expressed to seeking employment.

OLMSTEAD AND OTHER FEDERAL COMPLIANCE IS

EVER EVOLVING AND CRITICAL

Families and Individuals Want Different Choices

UMBC SUCCESS—Maryland’s First Postsecondary program for students with intellectual disabilities

http://shrivercenter.umbc.edu/students/service-learning/umbc-success/

Project SEARCH http://www.projectsearch.us/

Customized Employment http://www.dol.gov/odep/categories/workforce/CustomizedEmployment/what/index.htm

Supported Self Employment/micro enterprisehttp://www.nchsd.org/libraryfiles/SelfEmploy

ment/MI_SelfEmp101HandbookAug07.pdf

What does this mean for Maryland

SchoolsNeed to ensure the 18-

21 year population are gaining community based employment skills and experience

Increased call for higher expectations related to work and transition planning earlier

Post school outcome indicators—one year out

FamiliesNeed to understand

value of employment and the importance of community based programs

Need to be able to communicate their concerns and be willing to learn and explore the possibilities

What does this mean for Maryland?

Providers:Should be trained to

address parent concernsNeed to understand the

federal and state changes occurring and ensure their programs comply

Need to increase community based activities including individualized integrated employment

Need to be able to meet both individual and employer needs

Employers:Want access to broad

pool of candidates through a single portal

Want qualified support staff

Want support they can rely on when problems occur

Want to meet their bottom line

Presenters

Jade GingerichDirector of Employment

PolicyMaryland Dept of

Disabilitiesjgingerich@mdod.state.md.us

Visit:www.mdeid.org for Job

Seeker Resourceswww.workmatters.org

for Employer Resources

Dave BenjaminDirector of Program

Services DDA Eastern Shore

Regional Officedave.benjamin@maryland.gov