Transcript EMPLOYMENT FIRST IN MARYLAND 3.0

EMPLOYMENT FIRST IN
MARYLAND 3.0
DAVE BENJAMIN, DDA
JADE GINGERICH, MDOD
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
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 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
Enforcement and Other Activities
•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
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.
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Number of individuals who are receiving supported employment;
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Length of time people maintain employment in integrated work settings;
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Amount of earnings from supported employment;
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Number of individuals in pre-vocational services as defined in 12 VAC 30120-211 in effect on the effective date of this Agreement; and
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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
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Employment First, in alignment with CMS
Employment Guidance
Regulations are being revised
Benefits 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
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Supported Employment
Community Learning Services and Employment Discovery and
Customization
Day Habilitation (includes prevocational and volunteer)
Key Accomplishments
 On-line Benefits Calculator available at
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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 Community
DORS/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 DDA
 Developing recommendations
 Requesting 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 rates
 How to build the system capacity and provider staff
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skills including identification of core competencies to
implement Employment First
How to ensure retention and advancement
Parents concerns ie safety, benefits,
Transportation
Residential 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
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program for students with intellectual disabilities
http://shrivercenter.umbc.edu/students/servicelearning/umbc-success/
Project SEARCH http://www.projectsearch.us/
Customized Employment
http://www.dol.gov/odep/categories/workforce/Custom
izedEmployment/what/index.htm
Supported Self Employment/micro enterprise
http://www.nchsd.org/libraryfiles/SelfEmployment/MI
_SelfEmp101HandbookAug07.pdf
What does this mean for Maryland
Schools
 Need 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
Families
 Need 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 concerns
 Need 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 Gingerich
Director of Employment Policy
Maryland Dept of Disabilities
[email protected]
Visit:
 www.mdeid.org for Job
Seeker Resources
 www.workmatters.org for
Employer Resources
Dave Benjamin
Director of Program Services
DDA Eastern Shore Regional
Office
[email protected]