How & Why is it Time for Change? The Center for Life Enrichment Introduction Training 1 Their Cause is our Cause.

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Presentation transcript:

How & Why is it Time for Change? The Center for Life Enrichment Introduction Training 1 Their Cause is our Cause

“This landmark law is about securing for people with disabilities the most fundamental of rights: ‘the right to live in the world.’ It ensures they can go places and do things that other Americans take for granted.” What is the Americans with Disabilities Act (ADA)?

Why are we talking about ADA? In 1995, the State of Georgia, VIOLATED the ADA Elaine Wilson and Lois Curtis were voluntarily admitted into the psychiatric unit of a state-run Georgia Regional Hospital After treatment, mental health professionals stated that Wilson and Curtis were ready to move back into a community-based program However, they remained confined in the hospital years after treatment was completed They filed suit in 1995 under the Americans with Disabilities Act (ADA) for release from the hospital.

Landmark Olmstead Decision In 1999, through this case known as Olmstead v. L.C., the US Supreme Court held that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. The Court held that public entities (places like TCLE in Georgia) must provide community-based services to persons with disabilities when: (1) such services are appropriate (2) the affected persons do not oppose community-based treatment (3) community-based services can be reasonably accommodated

Besides the state of Georgia, 21 other states and/or territories are under Olmstead litigation in US Circuit Courts. Luckily, Maryland is not on this list. We are making strides to make sure we do not join this list! 1. New Hampshire 2. Puerto Rico 3. Rhode Island 4. Connecticut 5. New York 6. North Carolina 7. Virginia 8. Louisiana 9. Mississippi 10. Texas 11. Tennessee 12. Illinois 13. Arkansas 14. Missouri 15. Nebraska 16. California 17. Oregon 18. Washington 19. Alabama 20. Florida 21. Washington, D.C

DOJ v. Virginia Olmstead Settlement 2012 The state of Virginia violated the ADA as recent as 2012!!! The court declared that individuals with disabilities must be provided integrated day opportunities, including Supported Employment. The court also declared that agencies need to develop and maintain an Employment First policy based on a series of principles beginning with individual supported employment in integrated work settings as the first and priority service option for individuals with intellectual or developmental disabilities receiving day program or employment services.

DOJ v. Rhode Island Consent Decree 2014 Even more recently, the state of Rhode Island violated the ADA in 2014!!! The court declared that Rhode Island’s day activity service system over-relies on segregated settings, including sheltered workshops and facility-based day programs, to the exclusion of integrated alternatives, such as supported employment. This landmark state-wide agreement significantly advances the Department of Justice’s (DOJ) work to enforce the Supreme Court's decision in Olmstead v. L.C, which requires persons with disabilities to be served in the most integrated setting.

What are these lawsuits against providers telling us?

It’s time for us to do better

Our Participants Want Community Jobs! The DDA Ask Me! Project measures emotional, physical, and material well- being of participants, as well as social inclusion, personal development, interpersonal relationships and self- determination rights “Supported employment is the major contributor to quality of life,” according to a DDA Ask Me! Project survey

Our Participants Want Community Membership!

Our Participants Don’t Want Us to Supervise Them or Treat Them Like Children

Our Participants Want Assistance in Achieving their Goals!

How Can We Make Things Better? Attitudes Actions Accountability

ATTITUDES We are SUPPORT STAFF, no longer direct-care We are JOB COACHES, no longer enclave supervisors We are COMMUNITY EMPLOYMENT SPECIALISTS, no longer job coaches We are TEAM MEMBERS, no longer store clerks

ACTIONS We make Employment our FIRST priority We provide vocational TRAINING and EDUCATION We engage participants in COMMUNITY experiences

ACCOUNTABILITY We monitor We document We measure We meet

CMS Final Rule The federal Center for Medicare and Medicaid Services (CMS) has issued regulations that define the settings in which states are allowed to pay for Medicaid Home and Community-Based Services (HCBS); the Center for Life Enrichment is an HCBS provider Home and Community-Based Settings must: Be integrated in the community and support participants to have access to it Provide opportunities to seek employment and work in competitive integrated settings, engage in community life, and control personal resources Ensure the individual receives services in the community to the same degree of access as individuals not receiving Medicaid home and community-based services

Impact on Us The state of Maryland as a whole is striving to comply with federal regulations TCLE is striving to comply with Maryland regulations Now is our chance to make things better

At The Center for Life Enrichment Our Mission:Our Vision: To provide programs and support services that will increase the vocational and personal potential of individuals with disabilities To provide individuals we support with access to community opportunities to the same degree of individuals without disabilities. Individuals will have the opportunity to: Make Life Choices Obtain Employment (Integrated and/or Competitive) Participate in Recreational/Leisure Activities Have Companionship with Individuals of his/her Choice

Their Cause is our Cause