EMPLOYMENT OVERVIEW

Rosemary MoralesOCDD Program Manager

June, 2015

LA Data for Individuals with Developmental Disabilities

67% of individuals receiving employment services through OCDD are served in a facility-based work or non-work program.

33% of the individuals receiving employment services from OCDD are served in integrated employment.

10% are in integrated Individual Employment.The national average for individuals with DD in integrated Individual Employment is 20%.

OCDD Launches Employment First Initiative- July, 2011

EMPLOYMENT WILL BE THE PRIMARY OUTCOME FOR ALL PERSONS RECEIVING OCDD SERVICES WHO ARE OF WORKING AGE.

Employment is characterized by typical jobs with competitive compensation that are fully integrated in the workforce.

Criteria for settings that isolate

Settings that have the following two characteristics alone might, but will not necessarily, meet the criteria for having the effect of isolating individuals:

• The setting is designed specifically for people with disabilities, and often even for people with a certain type of disability.

• The individuals in the setting are primarily or exclusively people with disabilities and on-site staff provides many services to them.

Characteristics of settings that isolate

Settings that isolate people receiving HCBS from the broader community may have any of the following characteristics:

• The setting is designed to provide people with disabilities multiple types of services and activities on-site, including housing, day services, medical, behavioral and therapeutic services, and/or social and recreational activities.

• People in the setting have limited, if any, interaction with the broader community.

• Settings that use/authorize interventions/restrictions that are used in institutional settings or are deemed unacceptable in Medicaid institutional settings (e.g. seclusion).

Changes To Vocational Definitions• Aligns with CMS guidance• Allows for flexibility for individuals to make choices in how

they spend their day• Focus on employment • Adds career planning to allow for movement along a

career path and to prevent staying stagnant• Emphasizes the critical role of person centered planning

in achieving employment outcomes• Prevocational services is time limited so as not to be an

end point but rather to be used to help individuals obtain employment

Day Habilitation

• Provides choice in daily activities• Conducted in variety of community settings, (i.e. local recreation

department, garden clubs, libraries) • Focuses on interests, hobbies, clubs or sports• Assists people to gain desired community living experience,

including opportunities to contribute through volunteering • May be coordinated with needed therapies through person-

centered Plan of Care • Individuals of retirement age may be supported in senior

community activities or other meaningful retirement activities in the community, such as the local council on aging or senior centers.

• Career planning may be incorporated in Plan to develop learning opportunities and career options consistent with person’s skills and interests.

Prevocational Services• Expected to last no longer than 4 years • Individuals MUST have an employment goal as part of their POC • Targeted goals for: employment at the individual’s highest level of

work in the most integrated setting, with a job matched to the individual’s interests, strengths, priorities, abilities and capabilities, while following applicable federal wage guidelines.

• Intended to prepare person for paid employment or volunteer opportunities in the community at the participant's highest level.

• Focused on development of general, non-job-task-specific strengths and skills that contribute to employability in paid employment in integrated community settings

• Provided in a variety of locations in the community and not limited to a fixed site facility

• Should include volunteering, where applicable

Prevocational Services• Intended to develop and teach general skills such as:

ability to communicate effectively with supervisors, co-workers, and customers

accepted community workplace conduct and dressability to follow directions and attend to tasksworkplace problem solving skillsgeneral workplace safety mobility training

Individuals receiving prevocational services may choose to pursue employment opportunities at any time AND progression is not required.

Prevocational Services / Career Planning• Career Planning MUST be a major component of

prevocational services• Should include activities such as:

vocational assessment and discovery processongoing career counseling benefits planningassessments as needed (i.e. assistive technology in the work place) job shadowing other activities that may assist the individual in deciding upon an

employment goal

All career planning activities should be focused on building a plan for a path to community employment at the highest level for each participant.

Supported Employment: Individual

• Participants who have the most significant disabilities may also need long-term employment supports to successfully maintain a job due to the ongoing nature of the waiver participant’s support needs, changes in life situations or evolving and changing job responsibilities and where natural supports would not meet this need.

• All career planning activities should be focused on building a plan for a path to community employment at the highest level for each participant.

• Does not include facility based or other types of vocational services furnished in specialized facilities that are not a part of the general work place.

Supported Employment: Group• Services and training activities provided in regular

business, industry, and community settings• Must be provided in manner that promotes integration into

the workplace and interaction between individuals with DD and people without disabilities in those workplaces

• All career planning activities focused on building plan for path to community employment at the highest level for each participant

• Does NOT include facility based or vocational services furnished in specialized facilities that are NOT a part of the general work place

The Workforce Innovation And Opportunity Act (WIOA)

• Signed into law on July 22, 2014• First legislative reform of the public workforce system in

more than 15 years • Replaced the Workforce Investment Act (WIA) of 1998 • Retained and amended the Adult Education and Family

Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973 (legal basis for the VR program)

Effective Dates For Implementation

• Act takes effect on July 1, 2015• Exceptions:

• Amendments to Rehabilitation Act in Title IV took effect immediately - July 22, 2014

• WIOA state unified and local plans due January, 2016• WIOA performance accountability provisions will take effect July 1,

2016• Section 511 (limitations on sub-minimum wage) will take effect

July 1, 2016

Purpose Of WIOA

To help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy

WIOA Programs

WIOA brings together the core programs of Federal investment in skill development:

• Employment and training services for adults, dislocated workers, and youth and Wagner-Peyser employment services administered by the Department of Labor (DOL)

• Adult education and literacy programs and Vocational Rehabilitation state grant programs that assist individuals with disabilities in obtaining employment administered by the Department of Education (DoED).

WIOA Programs

Authorizes the following programs:

• Job Corps• YouthBuild • Indian and Native Americans• Migrant and Seasonal Farmworker programs• Evaluation and multistate projects administered by DOL• Other programs administered by DoED and the

Department of Health and Human Services

HIGHLIGHTS of WIOA• Requires States to Strategically Align Workforce Development Programs

• Promotes Accountability and Transparency • Fosters Regional Collaboration• Improves the American Job Center (AJC) System

• Improves Services to Employers and Promotes Work-Based Training

• Provides Access to High Quality training

HIGHLIGHTS of WIOA• Enhances Workforce Services for the Unemployed and Other Job Seekers

• Improves Services to Individuals with Disabilities• Makes Key Investments in Serving Disconnected Youth and Other Vulnerable Populations

• Enhances the Job Corps Program• Reinforces Connections with Registered Apprenticeship (RA)

• Streamlines and Strengthens the Strategic Roles of Workforce Development Boards

Movement of Federal Programs

Agencies moving from the Department of Education to the Administration for Community Living (ACL) at the Department of Health and Human Services.

National Institute on Disability, Independent Living, and Rehabilitation Research

Independent Living Program

Community Living under the Department of Health and Human Services

Offers better coordination with the Administration on Intellectual and Developmental Disabilities

Vocational Rehabilitation (VR)

WIOA mandates VR as a core program in the workforce development system.

Four Core Programs:

1. Adult, Dislocated Worker, and Youth Workforce Investment Programs

2. State Employment Service (Wagner-Peyser)

3. Adult Education and Literacy

4. Public Vocational Rehabilitation

Purpose of the VR Program

In addition to the continued emphasis on informed choice, WIOA places a greater emphasis on economic self-sufficiency for individuals with disabilities.

New Cooperative Agreement

Requirement for formal cooperative agreement between state VR (LRS) and state ID/DD agency (OCDD), state mental health and state Medicaid agency, with respect to VR services for individuals with most significant disabilities determined eligible for Home and Community Based Services (Waivers)

OCDD is currently working with LRS, OBH and Medicaid to draft an MOU.

Role of VR in Transition

• At least 15% of each state’s Title I VR funds must be used for “pre-employment transition services”

• Required Pre-employment Transition Services• Job Exploration• Work-based Learning Experiences• Counseling on post-secondary education opportunities• Workplace Readiness Training• Instruction in self-advocacy

Role of VR in Transition

Each VR agency, in collaboration with local school districts, must provide, or arrange for the provision of pre-employment transition services for ALL students with disabilities in need of these services eligible or potentially eligible for VR services, using funds from VR and other sources as necessary

Role of VR in Transition Each local VR office must undertake “pre-employment transition coordination” which includes the following:

• Attending IEP meetings• Working with workforce development boards, One-stops and

employers to develop opportunities• Coordination with Schools for provision of pre-employment

services• ATTENDING PERSON-CENTERED PLANNING MEETINGS FOR

INDIVIDUALS RECEIVING WAIVER SERVICES

Trial Work Experiences

“shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive, integrated employment”

Assistive Technology and VR

It is appropriate to utilize assistive technology throughout the VR process and particularly if needed to achieve the employment outcome.

• Not after they become employed

New Definitions

Full or part-time work at minimum wage or higher, with wages and benefits similar to those without disabilities performing the same work, and fully integrated with co-workers without disabilities

Modified to clarify that supported employment is integrated competitive employment, or an individual working on a short-term basis in an integrated employment setting working towards integrated competitive employment. Post-employment support services have been extended from 18 to 24 months

Competitive integrated employment for an individual with a significant disability, that is based on an individualized determination of strengths, needs, and interests of the individuals with a significant disability and carried out through flexible strategies

Is included in supported employment and an available service from public VR agencies

Technical Assistance for Post-Secondary Education The new law allows the RSA commissioner to fund technical assistance to “better enable individuals with intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment.”

Subminimum Wage Limitations

Section 511: • As of July 2016, requires a series of steps before an

individual 24 and younger can be placed in a job paying less than minimum wage (sheltered workshops or enclaves) • Receive pre-employment transition services• Apply for vocational rehabilitation services, and if eligible, make a

serious attempt at competitive integrated employment• Receive counseling, information and referral about alternatives to

subminimum wage employment

Prohibits schools from contracting with sub-minimum wage providers

Section 511: Subminimum Wages• No entity – including a contractor or subcontractor of the entity – who

holds a 14(c) certificate may compensate an individual with a disability who is age 24 or younger a “subminimum wage” unless one of the following conditions is met:

• The individual is currently employed by an entity that holds a valid 14(c) certificate• The individual provides proof that each of the following steps have been completed:

• The individual has received pre-employment transition services  • The individual has applied for Vocational Rehabilitation (VR) services• The individual has been found ineligible for VR Services

Or• The individual has been found eligible for VR services and has an IPE. • He/she has been working toward an employment outcome for “a reasonable

period of time” without success and the VR case is closed.• The individual has also been given career counseling and I&R to enable him/her “to

explore, discover, experience and attain” competitive, integrated employment and such counseling/referrals are not for subminimum wage employment opportunities .

Section 511: Subminimum Wages• These actions should be carried out every 6 months for the first

year and every year thereafter for the duration of the subminimum wage employment.

• If the individual is a student with a disability, the receipt and completion of the required activities shall be documented by the VR agency or by the appropriate school official responsible for the provision of transition services.

• VR should provide the final documentation showing the completion of the student’s pre-employment transition services within a “reasonable time” following its completion.

Section 511: Subminimum Wages• In order to continue to employ an individual at a

subminimum wage, the entity shall verify completion of the necessary requirements, including the review of any relevant documents provided by the individual and the entity shall maintain copies of the documentation.

• The entity shall be subject to review of individual documentation by a representative from the VR agency or from the Department of Labor at a time and in a manner necessary to fulfill the intent of this section.

Supports Waiver ‘Transition From School To Work’ Slots

Criteria:exiting the school systemdesire an individual, integrated job in the communityrequire supports and/or services to obtain and/or maintain

employment in the community, specifically Supported Employment services

• 50 slots allotted• Waiting CMS approval

Pilot For Employment POC Attachment

SC’s will begin utilizing the “Participant’s Path to Employment” form which will be used to have conversation with each individual about employment.

Pilot will run July, 2015-September, 2015 Feedback will be accepted and changes made as neededForm will be completed and/or follow up will be made at

each quarterly visit/POC MeetingData from this form will be input into CMIS prior to

entering billing for each individual

Working Together To Improve Employment

• Individual- (wants to work) guides the process• Family- supports in helping to find employment, assists in getting to/from the job• SC- follows individual through employment process, ensures everything accounted

for, attends meetings with LRS, IEPs, etc., collects quarterly employment data to report in CMIS

• School- works to get individual ready to go to work through pre-employment transition counseling along with LRS

• Work Incentive Coordinator - helps in educating about benefits• LRS- attends POC meetings, assists individual in getting assessments, presents

employment providers, first agency to pay- then falls to waiver to follow up upon closure from LRS

• Employment Provider - assesses individuals for employment, assists individual in finding employment, job coach for on the job and get them as independent as possible on the job, reports to LRS and SC

• Support staff- supports individual in looking for employment by exploring local community, assists with personal care on the job and assists in getting to/from the job

• LGE- assists in monitoring of the process and ensures individuals are going to work

Resources

CMS Guidance

http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Supports/Home-and-Community-Based-Services/Home-and-Community-Based-Services.html

LEAD Center

http://www.leadcenter.org/resource-center

WIOA

http://www.doleta.gov/wioa/