CMS: Prevoc Services do not have a mandated time limit
The Centers for Medicare and Medicaid Services Director Cindy Mann responded to Congresswoman Baldwin's constituent concerns about limits to prevocational services for people with disabiliites in Wisconsin.
CMS ... has not mandated a specific time limit and has tied the continuation of this (and any other waiver) service to the person centered planning process. Supported employment for people with disabilities is intended to be provided to people in jobs in their communities and language in our regulations clarifies that point, "[supported employment is] conducted in a variety of settings, particularly worksites in which persons without disabilities are employed" (CFR 440.1S0(c) (2)(iii). Guidance in the Informational Bulletin does not differ from previous waiver guidance around this aspect of supported employment. While we empathize with Mr. Jessen's concerns about his son's well being and the continuation of his services, we do not believe that the new CMS guidance would force him to lose needed services.
ACCSES Response to National Council on Disability Report on Subminimum Wage and Supported Employment
We strongly disagree with assertions regarding the alleged ‘propagation of injustices’ under the current system, which relies on section 14(c) of the Fair Labor Standards Act (Section 14(c)). [page 24] We also adamantly oppose the recommendations included in the report for phasing out Section 14(c) and recommendations regarding the Individuals with Disabilities Education Act (IDEA), and statements regarding enforcement of ADA and Olmstead v. L.C. These recommendations and statements are not supported by the findings included in the report; in fact, these recommendations and statements are contrary to the report’s findings. In addition, by eliminating and restricting appropriate and justified options and opportunities to work, these recommendations and statements violate the tenets of self-determination, informed choice, and person-centered planning--concepts that are fundamental to disability employment policy. And most importantly, as a direct result of these recommendations, hundreds of thousands of people with disabilities will most likely become unemployed or lose the opportunity to become employed in the future. Read more on this topic. ACCSES policy paper links.
White House receives prevocational recommendations
Jan. 2011 ACCSES joined with Easter Seals, Goodwill Industries International, NISH, The Arc of the United States, and United Cerebral Palsy and sent the Obama Administration "Recommendations for Updating the Prevocational Services Provisions in the CMS Instructions, Technical Guide, and Review Criteria under the Medicaid Home and Community-Based Waiver."
RFW in Action's Concerns About the New Definition from DHS
Dec. 22, 2010 Read the clarification from Susan Crowley, DHS Long Term Care Administrator, about how new entrants can access prevocational services in Family Care.
Dec. 8, 2010 Secretary Timberlake responds to Senators' concerns about prevocational services.
Oct. 21, 2010 Senators Erpenbach and Hansen weigh in on prevocational services in letter to Karen Timberlake, Wisconsin Department of Health Services Secretary.
Dear Secretary Timberlake,
As you know we have been deeply concerned with the implementation of new guidelines for Family Care and their impact on the ability of constituents in our district to receive pre-vocational services. Read more.
The national association of disability service providers published a white paper on center-based employment and provisions of the Fair Labor Standards Act in September 2009, which RFW in Action endorses. Read more (pdf).
People with disabilities, families, community members, and prevocational (employment) services providers have been concerned about new policies issued by the Wisconsin Department of Health Services (DHS) that impact funding and participation in integrated employment and community rehabilitation programs through Family Care. To learn more, including restrictions on new entrants to the program as of Sept. 1, 2010.