October 6, 2023

VOR's Weekly News Update

This Week's Newsletter

This has been a strange jumble of a week, filled with hope, sadness, good legislation, lost opportunities and some confusion as to where the ID/A system is headed,

We'd like to start out with some good news about an old friend:

"In the words of Dawn Kovacovich, "I can hardly contain my excitement. I jumped right away into reading Chapter 4 about 14c... It is the first time I have seen in print an articulately compiled, professionally written research article that supports 14c. She tied it into the over-riding topic of her book, since the whole philosophy behind ending programs like these for the disabled hinges on the Unicorns & Fairies mythology that severely disabled people really don’t exist . . . that we should keep striving to make them 'normal'."

Amy's book is available on Amazon in hardcover and on Kindle. Click here to order.

Amy will be presenting a Virtual Tour of her Book with the National Council on Severe Autism on Wednesday, October 11th, from 8 - 9 pm Eastern, 5 - 6 pm Pacific Time.

Register for free at NCSAutism.org

Advocates Concerned about Workers with Disabilities Earning Below Minimum Wage

Produced by Layla Quran and Sam Lane, Featuring Judy Woodruff, PBS, October 5, 2023

For those of you who aren't familiar with Dawn Kovacovich, she is a member of National Council on Severe Autism, A-Teams, a Board members of the Coalition for the Preservation of Employment Choice,

and a strong supporter of VOR. Dawn contributed to Amy's book and she and her daughter Laura were profiled recently on PBS Newshour's series, "Disability Reframed".

The show aired last night, and while Dawn and Laura spent a day with the crew and covered a number of issues, the show betrayed a bias toward those who would take away the right to choose your own environment to work.

It;s a shame that the producers missed a chance to show that one man named Eric finds fulfillment working at a competitive wage for 8 hours a week, while Laura is delighted to work more hours at a variety of jobs for a range of wages that compensate her according to her productivity. While Eric enjoys the company of non-disabled people, Laura is more comfortable among her peers. The show could easily have pointed out that both choices have value, and that one person's preferences shouldn't be valued about the preference of another.

The progaram may be viewed here.

We also mourn the loss of an old ally...

ACCSES. announced this week that they would no longer be supporting people who rely on 14(c) programs or providers who offer opportunities in sheltered workshops. A once passionate advocate for choice, whose leaders have spoken at VOR's Annual Meetings on several occasions, the organization sent out a statement this week saying,

"ACCSES’s core mission is to support and advocate for disability service providers and the individuals they serve. ACCSES first used the phrase “a full array of options” more than a decade ago to describe its vision of a world in which opportunities would not be limited by artificial barriers that take away the freedom to live, work, and thrive in the setting of any individual’s choice.

At one time, protecting Section 14(c) was a priority for the majority of ACCSES members. Today, we rarely hear from members on the topic and, indeed, the latest statistics reflect that fewer than 70,000 people currently work under a certificate. While there are bills introduced in this Congress, as in the past, that would eliminate Section 14(c) certificates over time, the issue has largely moved to the state legislatures. As a result, ACCSES will no longer advocate on the subject of Section 14(c) special minimum wage certificates and instead will focus even more of their efforts on areas that will provide new growth opportunities for ACCSES members and the people we serve. "

Read the full transcript of ACCSES' letter here

And now, a message from our Board of Directors:

Our Fall Membership & Fundraising Campaign

This is a critical time for people who support choice for families of people with I/DD and autism.

We are asking our members to reach out to people in your neighborhood, your town, your state,

or on Facebook and other platforms,

to help us to grow a larger community of families

who are concerned about the

shortcomings of our DD System,

the biases against those with the most severe and profound I/DD and autism

and the erosion of choice in residential services and

employment opportunities

for our loved ones.

A Remarkable Victory in North Carolina - PLEASE READ

For several months, Disability Rights North Carolina has been rallying to phase out and eliminate 14(c) programs. Things were looking very grim for the providers and the participants in the states facility-based programs.

We found out yesterday that the tables have turned. Not just in favor of 14(c), but in holding DRNC to account for their actions. North Carolina has become the second state to do this.

The state enacted two important laws. We would like for our members to read them, download them, and share them. And think about how to enact similar legislation in your own state.

Session Law 2023-115 is entitled AN ACT TO RETAIN ADULT DEVELOPMENTAL AND VOCATIONAL PROGRAMS AND COMMUNITY REHABILITATION PROGRAMS. 

The law states that North Carolina citizens with disabilities are deserving of having the same choice of where, how, and with whom they work and spend their time as other North Carolina citizens. The law guarantees that the 8,5000 citizens with disabilities have the right to participate in Adult Developmental and Vocational Programs (ADVP) and Community Rehabilitation Programs (CRP) and that approxiamately 1,000 citizens are entitled to receive competitive integrated services, and citizens with disabilities will have the opportunity to meet new people, gain new skills, and earn the respect, dignity, and ancillary human benefits that come with earning a paycheck and making a significant economic impact on our State's economy.

Download and Read the Law HERE

https://www.ncleg.gov/Sessions/2023/Bills/House/PDF/H323v4.pdf

And as amazing as that is, Session Law 2023-135 is AN ACT TO REQUIRE THE PROTECTION AND ADVOCACY AGENCY FOR NORTH CAROLINA TO REPORT ITS ACTIONS REGARDING ITS IMPACT ON PERSONS WITH DISABILITIES. 

It requires that The designated Protection and Advocacy Agency (Agency) for this State shall report to the General Assembly as provided in this section. Upon review, the General Assembly is encouraged to examine the activities of the Agency to determine the impact on current and future State budgets. The Agency is encouraged to annually hold six meetings with the public throughout the State to share the Agency's findings in the reports required by this section. Nothing in this section shall be construed as impacting the Agency's ability to perform work within its governing laws. The reports shall be submitted as follows:

1. A report submitted twice a year of actions the Agency has taken in its efforts to advocate for persons with disabilities. The Agency shall submit its reports to the chairs of the House and Senate Appropriations Committees on Health and Human Services during session and to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice and the Joint Legislative Oversight Committee on Health and Human Services during the interim.
2. A report submitted by December 1, 2023, to the Joint Legislative Oversight Committee on Health and Human Services and to the Joint Legislative Education Oversight Committee on the Agency's measured successes in advocating for persons with disabilities, which shall contain specific examples of how the Agency reduced barriers to employment, enabled independent living, and increased postsecondary educational opportunities for persons with disabilities. 

Download and Read the Law HERE

https://www.ncleg.gov/EnactedLegislation/SessionLaws/PDF/2023-2024/SL2023-135.pdf

Meanwhile, Still in North Carolina... Plus ça change, plus c'est la même chose

New N.C. Initiative Promotes Integrated Employment for People with Disabilities

By Ginny Dempster, The Tar Heel, October 1, 2023

The N.C. Department of Health and Human Services launched its new Inclusion Works initiative, which aims to promote competitive integrated employment for individuals with intellectual and/or developmental disabilities (IDD), on Sept. 20.

The initiative will assist people with IDD seeking to find competitive integrated employment and those who are currently employed, as well as employers looking to hire or currently employing people with IDD.

According to the NCDHHS website, competitive integrated employment means employees with disabilities work alongside others with and without disabilities and receive the same benefits and opportunities as co-workers without disabilities. It also requires that employees with disabilities are paid at least minimum wage.

According to the American Association on Intellectual and Developmental Disabilities, people with disabilities have faced barriers to competitive integrated employment, including low limits on assets and earnings and a lack of public programs that facilitate integrated work.

Continued

And nationally...

Labor Department Scrutinizing Subminimum Wage Employment

By Michelle Diament, Disability Scoop, October 2, 2023

Facing rising pressure to stop allowing people with disabilities to work for less than minimum wage, federal officials say they plan to undertake a “comprehensive review” of the employment model.

The U.S. Department of Labor said it will take a broad look at what’s known as the Section 14(c) program. Under a law dating back to the 1930s, the program allows employers to receive special 14(c) certificates from the department permitting them to pay workers with disabilities less than the federal minimum of $7.25 per hour.

“We are launching a comprehensive review of the Section 14(c) program to re-examine its use and future viability,” Taryn M. Williams, assistant secretary of labor for disability employment policy, wrote in a blog post about the new effort which was first announced during a White House forum last week to mark the 50th anniversary of the Rehabilitation Act.

The Labor Department did not go into detail about what the review will entail, how long it will take or what might come of it. But, Williams said the agency wants to hear from individuals with disabilities and other stakeholders “about your experiences with the 14(c) program, and what changes are needed to expand equitable employment opportunities for people with disabilities.”

The review comes at the urging of disability advocates and other entities including the Government Accountability Office, the National Council on Disability, the U.S. Commission on Civil Rights and the Labor Department’s Advisory Committee on Increasing Competitive Integrated Employment who Williams said have asked the agency to “carefully review the 14(c) program and prioritize competitive integrated employment.”

Continued

And... from the U. S. Department of Labor:

Examining 50 years of the Rehabilitation Act of 1973- Advancing Access and Equity for Individuals with Disabilities

By Taryn M. Williams, US DOL Blog, September 28, 2023

Each October, we commemorate National Disability Employment Awareness Month (NDEAM) where we celebrate and recognize how workers with disabilities contribute to and advance our economy. This year, we also mark the 50th anniversary of the Rehabilitation Act of 1973 (Rehab Act), the first federal law to address civil rights and equal employment opportunity for people with disabilities.

Since the passage of the Rehab Act in 1973, there have been substantial changes to the legal landscape for workers with disabilities fueled by the advocacy of the disability rights community, often with bipartisan support. Notably, in 1990, the landmark Americans with Disabilities Act was enacted, prohibiting discrimination on the basis of disability in the workplace and mainstreaming the concept of reasonable accommodations. In 1999, the Supreme Court issued the historic decision in Olmstead interpreting the ADA to require public entities to provide qualified individuals with disabilities services in the most integrated setting appropriate to their needs. Finally, since 2014, Section 511 of the Workforce Innovation and Opportunity Act (WIOA) places important limits on the ability of employers to pay subminimum wages to workers with disabilities under section 14(c) certificates.

Continued

We would like to extend our thanks to our friends at the Coalition for the Preservation of Employment Choice for taking the lead on this issue and meeting with the Department of Labor.

Please visit them at https://employmentchoice.org

And... In Ohio,

Making Cents: Sub-Minimum Wage for Adults with Disabilities Addressed During Cincinnati's 'State of Disability' Town Hall 

By Madeline Fening, City Beat, September 29, 2023

On Sept. 26, advocates for people with developmental disabilities dropped a bombshell on Ohio lawmakers — without even trying.

For more than 90 years, businesses have been able to use a formal exception to federal wage laws to pay people with disabilities less than minimum wage. Those programs, known as sheltered workshops or Section 14(c) programs, have quietly existed in states throughout the U.S., though they’ve increasingly come under fire from advocates. States from Alaska to Maine have passed laws eliminating the programs within their borders.

Yet it became clear at a Sept. 26 “State of Disability” Town Hall, hosted by Living Arrangements for the Developmentally Disabled (LADD), that some Ohio leaders had no idea the workshops even exist.

Members of LADD’s Empowerment Committee, who also benefit from LADD services, asked city, county and state leaders if they support the sub-minimum wage programs in Ohio. Some panelists looked at one another in confusion.

“Everybody needs to make a decent living. So, sub or low minimum wage sounds horrible to me,” said Cincinnati Vice Mayor Jan-Michele Kearney. “If that’s a thing now, let’s talk about that because that just resonates with me in a really negative way.”

Hamilton County Commissioner Denise Driehaus was also stunned by the question.

“Thank you for the question; I didn’t know there was a sub-minimum wage. So, you're educating me on this issue," she said. "I do not support a sub-minimum wage for people doing the same work. I can’t think of any rationale why you would pay someone any differently because they have a disability.” 

Continued

It's late. My wife is reheating my dinner for me, and there are still many important articles that need to be considered for sharing with our members.

Maybe I will send out a Part 2 to this week's newsletter, as I haven't even touched on issues of residential care....

In the mean time, we ask you to read the above and consider helping us to help your family and others , by making a generous donation to VOR. So many people depend on us to keep them informed and to be the voice for those who cannot speak for themselves.



--- Hugo Dwyer, Executive Director of VOR

Back Issues of VOR's Weekly Newsletter are available on our web site.

Please Click Here!

[Please click on blue link to view information about the bill]

VOR SUPPORTS:

S.1332 / H.R.2941 - Recognizing the Role of Direct Support Professionals Act

Sen Maggie Hassan (D-NH) / Rep. Brian Fitzpatrick (R-PA) This bill requires the Office of Management and Budget to establish a separate category within the Standard Occupational Classification system for direct support professionals (i.e., individuals who provide services to promote independence in individuals with an intellectual or developmental disability) for data reporting purposes.

H.R. 553 - Workplace Choice and Flexibility for Individuals with Disabilities Act

Rep. Glenn Grothman (R-WI-6) - This bill would amend the Rehabilitation Act of 1973 to clarify the definition of competitive integrated employment.

H.R.1296 - Restoration of Employment Choice for Adults with Disabilities Act Rep. Glenn Grothman (R-WI-6) - To amend the Rehabilitation Act of 1973 to ensure workplace choice and opportunity for young adults with disabilities.

H.R.485 - Protecting Health Care for All Patients Act of 2023

Rep. Cathy McMorris Rodgers (R-WA-5) - This bill prohibits all federal health care programs, including the Federal Employees Health Benefits Program, and federally funded state health care programs (e.g., Medicaid) from using prices that are based on quality-adjusted life years (i.e., measures that discount the value of a life based on disability) to determine relevant thresholds for coverage, reimbursements, or incentive programs.

H.R.670 - Think Differently Database Act

Rep. Marcus Molinaro (R-NY-19) - This bill would amend title IV of the Public Health Service Act to direct the Secretary of Health and Human Services to establish a clearinghouse on intellectual disabilities, and for other purposes. Such clearinghouse shall include information on individual community-based services and long-term support services available to individuals eligible for medical assistance under a State plan under the Medicaid program under title XIX of the Social Security Act.

S.1298 - Supporting Our Direct Care Workforce and Family Caregivers Act

Sen. Time Kaine (D-VA) A bill to award grants for the creation, recruitment, training and education, retention, and advancement of the direct care workforce and to award grants to support family caregivers.

H.R.2965 / S.1333 - Autism Family Caregivers Act of 2023

Rep. Grace Meng (D-NY) / Sen. Robert Menendez (D_NJ) To award grants for providing evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental disabilities 

H.R.3380 - HEADs UP Act of 2023

Rep. Seth Moulton (D-MA) This bill authorizes the Department of Health and Human Services (HHS) to award grants to support health centers that provide services for individuals with developmental disabilities, including dental care. Grant recipients must provide specialized treatment to individuals with developmental disabilities as necessary.

VOR OPPOSES:

S.533 / H.R.1263 Transformation to Competitive Employment Act

Sen. Bob Casey (D-PA) / Rep. Bobby Scott (D-VA 3) - This bill would support employers who wish to transform their facilities to provide only competitive integrated employment while forcing the elimination of programs that offer employment opportunities under Section 14(c) of the Fair Labor Standards Act. This bill would be unlikely to create a significant increase in employment for people with I/DD and autism, but would deprive over 120,000 individuals of the opportunity to work, develop skills, and be part of their community.

S. 1148 - The Guardianship Bill of Rights

Sen. Bob Casey (D-PA) - A bill to establish rights for people being considered for and in protective arrangements, including guardianships and conservatorships, or other arrangements, to provide decision supports. This bill would give ACL power to create a Guardianship Council and appropriate more money to P&As so they may encourage people to leave guardianships and move to Supported Decision Making. Dangerous over-reach in response to media hype on Britney Spears, et al.

VOR HAS SIGNIFICANT CONCERNS WITH:

S.100 / H.R.547- Better Care Better Jobs Act

Sen. Bob Casey (D-PA) Rep. Debbie Dingell (D MI) This bill establishes programs and provides funds for state Medicaid programs to improve home- and community-based services (HCBS), such as home health care, personal care, case management, and rehabilitative services.

The bill also makes permanent (1) the Money Follows the Person Rebalancing Demonstration Program (a grant program to help states increase the use of HCBS for long-term care and decrease the use of institutional care), and (2) certain provisions regarding Medicaid eligibility that protect against spousal impoverishment for recipients of HCBS.

S.762 / H.R.1493 - The HCBS Access Act

Sen. Bob Casey (D-PA) Rep. Debbie Dingell (D MI) While this bill purports to eliminate waiting lists and provide more Home and Community-Based Services for people with I/DD and autism, it favors the aspirations of those individuals who are most independent and neglects the very real needs of those most dependent on Medicaid Long-Term Services and Supports. It would not distribute funds appropriate to the varying needs of individuals, but to providers of HCBS programs. It fails to recognize the severity of the DSP and Nursing Crises, and paints an unrealistic picture of a simplistic solution. This is a purely political bill that would ultimately fail to make the extensive changes that the DD/A system needs.

VOR supports increasing funding for people with I/DD, but we have concerns that the above bills, in their current form, would discriminate against people with the most severe I/DD and autism and jeopardize the higher-care facilities that are most appropriate to their needs.



Please share this offer with your loved one's

Direct Support Professionals!

VOR ❤️s OUR

DIRECT SUPPORT PROFESSIONALS!

Our loved ones' caregivers are essential to their health, safety, and happiness.

In appreciation of their good work and kind hearts, VOR offers free digital memberships to any DSP who would like to receive our newsletter.

We encourage our members to speak with their loved ones' caregivers to extend this offer of our gratitude.

If you are a Direct Support Professional interested in receiving our newsletter and e-content, please write us at

info@vor.net

with your name, email address, and the name of the facility at which you work. Please include the name of the VOR member who told you of this offer.

What's Happening In Your Community?

Is there an issue in your loved one's home that you need help with?

Do you have information or a news story you would like to share?

Is there legislation in your state house that needs attention?

Contact us at info@vor.net