• Increased requests by people with disabilities (and their families)  for more inclusive and higher earning job opportunities
• Governor Deval Patrick's increased focus on Community and Employment First principles
• Activities by the U.S. Departments of Justice and Labor to extend Olmstead inclusion principles beyond residential settings to include day and employment settings.
• DDS' five year plan to close sheltered workshops  

Advocates have been closely monitoring the intentions of the U.S. Department of Labor, now that Tom Perez has settled into his seat as the new U.S. Secretary of Labor.  Previously, Perez was the Deputy Attorney General for Civil RIghts at the U.S. Department of Justice (Gov. Patrick held the same job under Pres. Clinton).  At Justice, Perez made headlines in the disability community by taking action against the States of Rhode Island and Oregon, contending that their segregated workshops and day service programs violated federal law.  At a White House ADA briefing on July 21, 2013, attended by ADDP CEO Gary Blumenthal, Perez cited both cases as landmark efforts and indicative of how he would proceed at Labor's helm.

Thus disability leaders in Massachusetts, both in and out of state government, began to examine these actions, plus other communications from the U.S. Department of Health and Human Services-Center on Medicare and Medicaid Services (CMS), that stated funding for segregated workshops were in danger of losing federal matching funds.

Rather than waiting for the feds or the Courts to take over Commonwealth disability employment programs, DDS Commissioner Elin Howe appointed a work group composed of DDS, ADDP and Arc members to consider program revisions that could embrace closing workshops, increasing wages and achieve greater inclusion.

Meeting weekly since August, the work group's report will be unveiled at the ADDP Membership Meeting and Employment Conference, November 1, at Bentley College.

While the work group is reviewing plan details, some family members are asking for help in understanding how consumers will be protected if services change. Positive protections in the emerging plan include:   

1. Under the developing DDS plan, no person will lose service or supports.
2. Individuals currently in sheltered workshops will be eligible for other models including Community Based Day Supports that will allow consumers to continue being with their friends and colleagues in their current agency base, but eligible for more activities including life skills, community integration, social inclusion, leisure and recreation.  This program also provides a pathway to employment through a variety of career exploration and skill training opportunities, and can include volunteer experiences and situational assessments to help individuals explore their interests. Some who wish may pursue Supported Employment. 
3. The draft DDS will ensure that participants receive the same amount of hours they currently receive in service and supports.

The evolving plan is expected to require an additional infusion of new money into Line Item 5920-2025, DDS Day and Employment Programs to allow people to move into more inclusive and more costly programs;  in the long run these costs may be revenue neutral if the Commonwealth lost federal reimbursements for sheltered workshops (if the Commonwealth takes no action); or  allows the Court to order 40 hours of day service in Massachusetts as it has required in Rhode Island.  

At the November 1 ADDP Conference, the draft plan will be submitted to EOHHS Secretary John Polanowicz for consideration in the upcoming FY 15 budget.