Employment Overview Rosemary Morales - PowerPoint Presentation

Slide1

Employment Overview

Rosemary Morales

OCDD Program Manager

June, 2015Slide2

LA Data for Individuals with Developmental Disabilities67% 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%.Slide3

OCDD Launches Employment First Initiative- July, 2011EMPLOYMENT 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.Slide4

Criteria for settings that isolateSettings 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. Slide5

Characteristics of settings that isolateSettings 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). Slide6

Changes To Vocational DefinitionsAligns with CMS guidanceAllows for flexibility for individuals to make choices in how they spend their dayFocus on employment Adds career planning to allow for movement along a career path and to prevent staying stagnantEmphasizes the critical role of person centered planning in achieving employment outcomesPrevocational services is time limited so as not to be an end point but rather to be used to help individuals obtain employmentSlide7

Day HabilitationProvides choice in daily activitiesConducted in variety of community settings, (i.e. local recreation department, garden clubs, libraries) Focuses on interests, hobbies, clubs or sportsAssists 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. Slide8

Prevocational ServicesExpected 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

P

rovided

in a variety of locations in the community

and not

limited to a fixed site facility

Should include

volunteering, where applicableSlide9

Prevocational ServicesIntended to develop and teach general skills such as:ability to communicate effectively with supervisors, co-workers, and customersaccepted community workplace conduct and dressability to follow directions and attend to tasksworkplace problem solving skillsgeneral workplace safety mobility trainingIndividuals receiving prevocational services may choose to pursue employment opportunities at any

time AND progression is not required.Slide10

Prevocational Services / Career PlanningCareer Planning MUST be a major component of prevocational servicesShould 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.Slide11

Supported Employment: IndividualParticipants 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.Slide12

Supported Employment: GroupServices and training activities provided in regular business, industry, and community settingsMust be provided in manner that promotes integration into the workplace and interaction between individuals with DD and people without disabilities in those workplacesAll career planning activities focused on building plan for path to community employment at the highest level for each participantDoes NOT include facility

based or

vocational services furnished in specialized facilities that are

NOT

a part of the general work placeSlide13

The Workforce Innovation And Opportunity Act (WIOA)Signed into law on July 22, 2014First 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)Slide14

Effective Dates For Implementation Act takes effect on July 1, 2015Exceptions: Amendments to Rehabilitation Act in Title IV took effect immediately - July 22, 2014WIOA state unified and local plans due January, 2016WIOA performance accountability provisions will take effect

July 1,

2016

Section

511

(limitations on sub-minimum wage)

will

take

effect

July 1,

2016 Slide15

Purpose Of WIOATo 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 economySlide16

WIOA ProgramsWIOA 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). Slide17

WIOA Programs Authorizes the following programs:Job CorpsYouthBuild Indian and Native AmericansMigrant and Seasonal Farmworker programsEvaluation and multistate projects administered by DOLOther programs administered by DoED and the Department of Health and Human ServicesSlide18

HIGHLIGHTS of WIOARequires States to Strategically Align Workforce Development ProgramsPromotes Accountability and Transparency Fosters Regional CollaborationImproves the American Job Center (AJC) SystemImproves Services to Employers and Promotes Work-Based TrainingProvides Access to High Quality trainingSlide19

HIGHLIGHTS of WIOAEnhances Workforce Services for the Unemployed and Other Job SeekersImproves Services to Individuals with DisabilitiesMakes Key Investments in Serving Disconnected Youth and Other Vulnerable PopulationsEnhances the Job Corps ProgramReinforces Connections with Registered Apprenticeship (RA)Streamlines and Strengthens the Strategic Roles of Workforce Development BoardsSlide20

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 Slide21

Vocational Rehabilitation (VR) WIOA mandates VR as a core program in the workforce development system. Four Core Programs: Adult, Dislocated Worker, and Youth Workforce Investment Programs State Employment Service (Wagner-Peyser) Adult Education and Literacy Public Vocational Rehabilitation Slide22

Purpose of the VR ProgramIn addition to the continued emphasis on informed choice, WIOA places a greater emphasis on economic self-sufficiency for individuals with disabilities.Slide23

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.Slide24

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 ServicesJob ExplorationWork-based Learning ExperiencesCounseling on post-secondary education opportunitiesWorkplace Readiness TrainingInstruction in self-advocacySlide25

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 Slide26

Role of VR in Transition Each local VR office must undertake “pre-employment transition coordination” which includes the following: Attending IEP meetingsWorking with workforce development boards, One-stops and employers to develop opportunitiesCoordination with Schools for provision of pre-employment servicesATTENDING PERSON-CENTERED PLANNING MEETINGS FOR INDIVIDUALS RECEIVING WAIVER SERVICESSlide27

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”Slide28

Assistive Technology and VRIt is appropriate to utilize assistive technology throughout the VR process and particularly if needed to achieve the employment outcome.Not after they become employedSlide29

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 Slide30

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.” Slide31

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 servicesApply for vocational rehabilitation services, and if eligible, make a serious attempt at competitive integrated employmentReceive counseling, information and referral about alternatives to subminimum wage employmentProhibits schools from contracting with sub-minimum wage providersSlide32

Section 511: Subminimum WagesNo 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

.Slide33

Section 511: Subminimum WagesThese 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.Slide34

Section 511: Subminimum WagesIn 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.Slide35

Supports Waiver ‘Transition From School To Work’ SlotsCriteria: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 services50 slots allotted

Waiting CMS approvalSlide36

Pilot For Employment POC AttachmentSC’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 individualSlide37

Working Together To Improve Employment Individual- (wants to work) guides the processFamily- supports in helping to find employment, assists in getting to/from the jobSC- follows individual through employment process, ensures everything accounted for, attends meetings with LRS, IEPs, etc., collects quarterly employment data to report in CMISSchool- works to get individual ready to go to work through pre-employment transition counseling along with LRSWork Incentive Coordinator - helps in educating about benefitsLRS- 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 workSlide38

ResourcesCMS Guidancehttp://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Supports/Home-and-Community-Based-Services/Home-and-Community-Based-Services.htmlLEAD Centerhttp://www.leadcenter.org/resource-centerWIOAhttp://www.doleta.gov/wioa/