More Than 600 Developmental Disabilities Advocates Ask Lawmakers in Annapolis to End

Press Release: February 10, 2016 Contact: Susan O’Brien 443-254-6000 or [email protected]

More than 600 Developmental Disabilities Advocates ask lawmakers in Annapolis to end sub-minimum wages, protect funds for people waiting for services #DDDay16 Families also thank Governor Hogan for increased funding of priority programs

ANNAPOLIS, MD – Hundreds of people with intellectual and developmental disabilities (I/DD) traveled to the Maryland Legislature today to discuss priority issues during this year’s General Assembly. After their briefing, the advocates visited with their legislators and testified in hearings on bills that would end the practice of paying employees with I/DD sub-minimum wages and mandate funding to provide services to individuals in the Crisis Resolution category on the Waiting List with the Maryland Developmental Disabilities Administration (DDA).

“To ensure progress for people with disabilities in the workforce, the practice of sub-minimum wages must stop. Thousands of workers with disabilities earn as little as $8 a week. If we were paying any minority group these wages – everyone would agree that this practice is terribly wrong and absolutely unacceptable. Most of the public doesn’t even know this practice exists and has existed since the 1930s when society also believed in institutionalization. It is entirely unacceptable and must end,” said Ken Capone from People on the Go of Maryland, a self- advocacy organization and the lead supporter of HB420/SB417. “What is most upsetting about the practice of paying workers with disabilities less than minimum wage is the fact that it allows us to create a caste system within the disability community. On one side you have workers with disabilities who are paid at or above minimum wage and given access to supports and technology they need to be successful. On the other side you have a group of workers who are judged solely on their productive rate and little else. Because of this, these workers are rarely given access to technology and support to move on to more gainful employment.”

HB 420/SB 417 is sponsored by Delegate Jeff Waldstreicher and Senator Delores Kelley and is entitled, Minimum Wage – Individuals with Disabilities (Ken Capone Equal Employment Act) in recognition of Mr. Capone’s longtime support of pay equality for people with I/DD. The bill would prohibit the state from authorizing what are called 14c certificates to organizations, as currently permitted under the Fair Labor Standards Act of 1938 that allows individuals with disabilities to be paid at subminimum wage or less than the prevailing wage. In Maryland, 40 nonprofit organizations currently hold these certificates and employ approximately 3,600 Marylanders. The bill guarantees equal protection under wage laws and creates a group of stakeholders that will create a strategic plan to phase out the use of 14c certificates.

The advocates also urged legislators to protect funding that Governor Larry Hogan has included in his FY17 budget. (more)

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“We thank Governor Hogan for including $1.1 billion in the DDA FY 17 budget, which includes significant increases for our most urgent needs and increases in rates for wages of our direct care workers,” said Laura Howell, executive director of the Maryland Association of Community Services. “Our legislative champions have protected our funding in the past during the budget process and we will continue to work with them to ensure people with I/DD get the services they need to live independent, productive lives.”

Budget highlights include: $35.7 million to fully fund a 3.5 percent increase in rates for direct care workers as mandated in the Minimum Wage Act of 2014, $8.9 million to fully fund 602 transitioning youth, and $6.67 million for 161 people needed emergency funding. The Governor’s budget also includes $5.5 million for 113 people waiting in the Crisis Resolution category on the Maryland Developmental Disabilities Administration’s (DDA) Waiting List.

“Governor Hogan’s appropriation of $5.5 million for the waiting list is a huge step in the right direction for children and adults and their families most in crisis,” said Cristine Marchand, executive director of The Arc Maryland. “Passage of Senator Guy Guzzone’s SB 413 would go a long way in reassuring our families most in need that Crisis Resolution funds will be guaranteed for years to come. Both of these measures will help approximately 110 people. With more than 8,000 people waiting for services, we must move forward on their behalf.”

SB 413 requires that at least $3.5 million is included annually in the state budget for people with I/DD at the highest level of need on the state's Waiting List – the Crisis Resolution category. The bill’s mandated appropriation will help approximately 110 people each year; however overall, there are approximately 8,000 children and adults with developmental disabilities and their families on the DDA’s Community Services Waiting List. People in Crisis Resolution are homeless, or at the risk of losing their home; at risk of harming themselves or others; or whose caregivers can no longer care for them. Delegate Bonnie Cullison has filed a companion bill in the House.

"There is an acute need for this funding so people with intellectual and developmental disabilities who are in crisis are able to get the services they need, and to stabilize the community support service infrastructure by increasing provider rates," said Nancy Pineles, Maryland Disability Law Center managing attorney for developmental disabilities. "This funding must be protected to ensure people with I/DD can live independent, safe, productive lives. The hundreds of individuals and families who attended DD Day and shared their experiences are key to helping legislators understand why these funds are so desperately needed."

Developmental Disabilities Day (#DDDAY16) began early in the day the Loews Hotel with remarks from key legislators (see list of speakers below). The advocates then traveled to the State House Complex to personally meet with key legislators and to discuss their priority legislative issues.

Also, the advocates packed hearing rooms at 1 p.m. in the Senate Finance and House Economic Matters committee rooms to hear testimony on HB 420 – The Ken Capone Equal Employment Act and SB 413 – Developmental Disabilities Administration – Crisis Resolution Funding.

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The Maryland Developmental Disabilities Coalition (advocates and staff from The Arc Maryland, Maryland Association of Community Services, Maryland Developmental Disabilities Council, Maryland Disability Law Center and People on the Go of Maryland) sponsored this year’s DD Day.

Coalition advocates also spoke with legislators about the SB 355/HB 431 – Maryland Achieving A Better Life Experience (ABLE) Program, sponsored by Senators Brian Feldman and Craig Zucker and Delegate Eric Bromwell. The Maryland ABLE Act will help people with disabilities maintain health, independence and quality of life by allowing them to save for disability-related expenses through tax-exempt ABLE accounts. The program is modeled after the college savings program. Many people with disabilities and their families have expenses related to their disability that far exceed the typical living expenses others face and the ABLE program will help them and their families address these needs.

“As parents, Maryland’s ABLE program will allow our family to begin saving in a tax-deferred manner for our son’s future financial needs in areas of his life where he’ll need the funds the most and without jeopardizing his eligibility for essential programs and services,” said Eric Cole of Kensington, Md., whose son, Ryan, has Dandy-Walker Syndrome. Eric is chair of the Maryland Developmental Disabilities Council. “Every family knows the value of planning early to meet the future financial obligations and the ABLE Act is our tool to do just that for Ryan.”

Speakers at DDDay16 included:  Maryland Secretary of Disabilities Carol Beatty  Senate Budget and Taxation Committee Chairman Ed Kasemeyer  Senate Finance Chair Thomas M. “Mac” Middleton  House Appropriations Chairwoman Maggie McIntosh  Senator Brian Feldman, Member of the Senate Finance Committee  Senator Guy Guzzone, Member of the Senate Budget & Taxation Committee  Senator Delores Kelley, Member of the Senate Finance Committee  Delegate Eric Bromwell, Member of the House Health & Government Operations Committee  Delegate Bonnie Cullison, Member of the House Health & Government Operations Committee  Delegate Craig Zucker, Member of the House Appropriations Committee  Delegate Jeff Waldstreicher, Member of the House Economic Matters Committee

MARYLAND DEVELOPMENTAL DISABILITIES COALITION People on the Go of Maryland  The Arc Maryland  Maryland Disability Law Center Maryland Association of Community Services Maryland Developmental Disabilities Council