Home > Uncategorized > Families tell legislators that work opportunity bill for the developmentally disabled is about choice

Families tell legislators that work opportunity bill for the developmentally disabled is about choice

A few days ago (on June 12), Barbara Govoni and Patty Garrity took their case to Beacon Hill for passage of H. 4541, a bill that would ensure that developmentally disabled individuals get work opportunities in their community-based day programs.

Also testifying at the June 12 public hearing of the Legislature’s Children, Families, and Persons with Disabilities Committee in support of the bill was Robin Frechette, a legislative aide to Representative Brian Ashe, who had filed the bill on Govoni’s behalf.

As we noted earlier this month, time is running out in the current legislative session to pass this critically important bill. And many legislators appear to have misconceptions about the legislation.

Govoni, Garrity, and Frechette all pointed out that H. 4541 is needed to fill a gap in work activities for the developmentally disabled — a gap that opened up after all sheltered workshops were closed in Massachusetts in 2016.

We too submitted testimony, and I spoke on behalf of COFAR to the four legislators present on the panel — Senator Joan Lovely, Senate co-chair of the committee; Representative Kay Khan, House co-chair; and Representatives Carolyn Dykema and Shaunna O’Connell.

Supporters of H. 4541

Supporters of H. 4541 on June 12 following the Children and Families Committee hearing. They are (from left) Patty Garrity, Robin Frechette, Danny Morin, Barb Govoni, and John Govoni.

The bill is Govoni’s vision and was filed after she had spent months advocating for it.

“I would not be here had there been a realistic decision to incorporate a community-based support program (when the sheltered workshops were closed),” Govoni testified. That program, she said, should have included a work activity option at day program facilities across the state.

Frechette testified that not all developmentally disabled persons are able to work successfully in mainstream work environments. Garrity pointed out that her brother, Mark, is one of those DDS clients who is “not able to compete in a competitive market for a job.”

Garrity said that when Mark participated in a sheltered workshop at his same day program location in Braintree prior to the workshop’s closure, “the work would come in and Mark would get a paycheck at the end of the week that provided him with self-esteem.” That is no longer the case, and not only is Mark bored with his current day program activities, he tends to let everyone he meets know he misses the work he used to do.

It is not clear yet whether the Children and Family Committee co-chairs are in support of H. 4541. An aide to Representative Khan said on Friday (June 15) that Khan and Lovely were “having a discussion” on all bills still in the committee as formal business in the current legislative session winds down, and would make a decision this week on which bills to report favorably.

Misconceptions persist about the workshop closures

During the June 12 committee hearing, comments from some legislators implied that they may not fully understand the intent of H. 4541 or the problems that have occurred as a result of the workshop closures.

Senator Lovely said that a developmentally disabled client of a DDS provider in her district worked as an intern for her and went on to work successfully at a CVS pharmacy. Lovely added, though, in addressing Govoni, that, “We do recognize that CVS may not be a good match for you,” meaning Govoni’s son, Danny Morin.

We want the legislators to know that the promises made that people would be able to move easily from the sheltered workshops and into mainstream employment have not materialized.

barb-g-testifies-for-h-45411.jpg

Barbara Govoni testifies during June 12 public hearing on H. 4541

As we reported in 2016, the number of participants in sheltered workshops dropped by 1,166 between August 2014 and August 2015 — a 61 percent reduction — while the workshops were being closed. In that same period, the number of developmentally disabled persons in corporate-run, community-based day programs increased by 1,116, almost the same number as the number of participants who had left the workshops.

Yet, the number of developmentally disabled people in “integrated employment” settings increased from August 2014 to 2015 by only 337, or about 6 percent.  Placing people in integrated or mainstream employment was supposed to be the reason for closing the sheltered workshops!

Studies in other states have found similar outcomes from sheltered workshop closures.

We also want the members of the Children and Families Committee to understand that while H. 4541 is intended to address that unkept promise of access to mainstream employment, the bill isn’t intended to bring the actual workshops back.

DDS providers pushed for the workshop closures

We further want the legislators to know that while the closures of the sheltered workshops in Massachusetts was a policy of the administrations of then Governor Deval Patrick and later of current Governor Charlie Baker, the closures were supported by corporate providers to the Department of Developmental Services as well. The providers stood to gain financially from the closures to the extent that the closures would mean more funding for the provider-run day programs.

We have  pointed out that organizations representing corporate DDS providers in Massachusetts co-authored at least two reports with DDS in the period leading up to and during the closures of the sheltered workshops in the state. The reports both called for the closures of the workshops and for more funding for day programs.

It seemed to us at the time, and still does, to be inappropriate for DDS to have allowed the providers to co-author a document that called for a public policy intended to ensure more funding for those same providers, particularly given that the policy was opposed by individuals and families who were benefiting from the workshops.

Misconceptions about the federal role in closing the workshops

As the then Patrick administration began closing the workshops in Massachusetts, the administration argued that the closures were mandated by the federal government and that Massachusetts had no choice but to comply with the federal order.

But the federal government was actually telling the states at the time that sheltered workshops were permissible for those who wanted to remain in them; the problem, according to the U.S. Department of Justice, was that some states were “over-relying” on the workshops. It also appears that unlike Massachusetts, many, if not most other states did not view the federal government as having issued a clear directive to close their workshops.

In remarks in late 2016, in fact, then DDS Commissioner Elin Howe stated that Massachusetts was only the fourth state in the country to have closed all of its sheltered workshops.

In comments made during the June 12 hearing of the Children and Families Committee, some of the legislators appeared to have the impression that the federal government had required the closure of all sheltered workshops around the country, and that the workshops no longer existed.

However, sheltered workshops are continuing to operate in other states, and there have been successful legislative efforts in some of those states to preserve the workshops as an option for those who desire them.

In Missouri, families mounted a successful effort last year to protect the workshops in that state, and that movement has reportedly spread to other states.  State legislators in New Jersey similarly passed legislation last year to preserve the state’s sheltered workshops.

As things currently stand, the federal government has not ordered sheltered workshops to close and has extended a deadline for removing Medicaid funding for them until 2022.

We hope the state Legislature will recognize that H. 4541 is in line with federal guidelines because it doesn’t prevent anyone who wishes to do so from seeking employment in the mainstream workforce. The bill simply ensures that work opportunities exist for those who don’t choose to participate in mainstream employment.

In the end, H. 4541 is about choice.

 

 

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