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DOJ Issues Significant Rhode Island Olmstead Employment Findings!
DOJ Findings Expand to Require Revamp of Entire State Employment Plan
Disability Employment
Massachusetts Blueprint May Be Safer and Less Costly Path for Commonwealth

The U.S. Department of Justice-Civil Rights Division, once headed by Deval Patrick, has made good on its threat to apply statewide it's interpretation that the U.S. Supreme Court's ruling in the noted Olmstead case applies to Employment, Vocational and Day services for people with intellectual and developmental disabilities.

Two days ago, on January 6, 2014, the Justice Department issued a letter  to Rhode Island outlining its nine month US Title II ADA Investigation into the state's ID/DD Employment programs.
Key among the findings:
  • Rhode Island has failed to comply with the ADA with regard to its employment programs
  • Rhode Island has failed to develop sufficient quantity of integrated transition, employment, vocational and day services
  • Rhode Island has overly relied upon sheltered workshops rather than making available other alternatives such as supportive employment of Community Based Day Supports
  • Rhode Island's systemic program administration is insufficient and causes misplacement of individuals into more restrictive programs   
  • Many individuals with ID/DD currently in sheltered workshops could be served in integrated work and day settings
  • Rhode Island's rate setting system fails to meet the needs of people with severe disabilities
  • Youth with disabilities are likely to be ill served in Rhode Island
Key Recommended Remedial Orders:
  • The state must develop and fund sufficient integrated employment supports
  • The state must develop full day service and employment programs
  • The state must develop sufficient transition services
  • The state must demonstrate that individuals in sheltered workshops are offered integrated employment opportunities
  • An individual who qualifies and requests integrated service supports must be provided those supports and cannot remain in a sheltered workshop if they make such a request    
What Does the Rhode Island Case Mean to Massachusetts?

The Rhode Island DOJ finding is of particular significance to Massachusetts.

  

The Massachusetts and Rhode Island systems for supporting and serving individuals have many similarities.

Secretary Perez President Obama's U.S. Secretary of Labor Tom Perez, who formerly directed the DOJ-Civil Rights Division, has announced he will be seeking similar settlements nationwide, plus the U.S. Department of Health and Human Services-Center for Medicaid/Medicare Services (CMS) has told states that they will soon cut off federal reimbursement for programs similarly cited in the Rhode Island case.

 

The Rhode Island case and similar plans in 4 Oregon and New York State's were key in bringing together DDS, The Arc of Massachusetts and ADDP earlier this year to design an alternative to a DOJ or Court imposed redesign of our State's Employment Programs.

Coming together DDS, ADDP and The Arc wrote the Blueprint for Success: Employing Individuals with Intellectual Disabilities in Massachusetts which outlines a path to transition the state's employment programs over three years, resulting in the closing of sheltered workshops by July 1, 2015.

The Blueprint is now sitting on the Governor's desk.  It will require an $11.1 million investment ($5.5 in state funds & $5.5 in federal matching dollars) to meet the cost of conversion.

 

Should the Governor not include funding the $11.1 million request for the Blueprint in his FY 15 Budget, ADDP will oppose the July 1, 2015 closing of sheltered workshops.

Additionally if the Administration and the Legislature would fail to fund the Blueprint, it is likely that DOJ would cite Massachusetts and likely impose a more costly system, as they have done in Rhode Island.

 

ADDP has advised the Governor's office that the cost of moving people into a more inclusive system is greater than the sheltered workshops and cannot be executed at a lesser amount and still close sheltered workshops as the state has announced its intention to do so.

Noting that Governor Deval Patrick headed the DOJ Civil Rights Division in the Clinton Administration, there is an expectation that Governor Patrick has a deep understanding of what's at risk.

To date, ADDP and The Arc have met with Secretaries Shor and Polanowicz and the Governor's Chief of Staff to address this issue.

Any decision is not likely to be known until the January 22, 2014 release of the Governor's House Two Budget.