When someone is paid to develop a behavior support plan can they be a decision maker on the Human Rights Committee?
No. The procedure (Human Rights Committee, August 1, 2011) states, “Provider agency staff, members of the Board(s) of Directors, and any person receiving payment from the provider(s) is excluded from a decision making role on the HRC.” Although, it does not specifically state that anyone who receives payment from the District for development of the behavior support plan, it should be understood that the behavior support plan developer has a vested interest in the approval of the plan and should refrain from being a decision maker.
If multiple providers use the same HRC, can the meeting minutes include full names of people from other providers?
No. Personally identifying information should be excluded from meeting minutes. It is the responsibility of the HRC chairperson to ensure that confidentiality is maintained. The HRC chairperson should ensure that all meeting minutes are redacted to remove any personally identifying information.
If an individual or family members are members of the HRC, they would be decision making members and would be required to be in the room when another individual's personal BSP (or other) information is presented, correct?
Absolutely. All members of the Human Rights Committee who are decision makers should be involved in all presentations and discussions regarding any behavior support plan, rights limitation or other topic in front of the Human Rights Committee. That means if the member of the committee represents the group “Individuals with disabilities” or “Family members and/or advocates” identified at II. 8 (Human Rights Committee, August 1, 2011), they should be present at the meetings.
It is a rights concern if people’s full names are included in meeting minutes?
Yes. The Human Rights Committee is charged with protecting and protecting people’s rights. Therefore, any personally identifying information, including the person’s name should not be in meeting minutes if the minutes are shared outside of the agency.
What is independent living?
Independent living is the belief that people with disabilities should have the same civil rights, options, and control over choices in their own lives as people without disabilities. This approach focuses on changing society and communities so they better meet the needs of the people who live there. The independent living movement puts decision making in the hands of the individual, rather than a medical or service provider.
What is the Medicaid Home and Community-Based Services Waiver Program?
The Medicaid Home and Community-Based Services (HCBS) Waiver Program, section 1915(c) of the Social Security Act (the Act) is the Medicaid program alternative to providing long-term care in institutional settings. HCBS programs vary from state to state. States may use an HCBS waiver program to provide a combination of both traditional medical services like dental services and non-medical services like respite care. To find out what is available in your state, see Waivers and Demonstrations through Map of States.
What support is available for families that have children with disabilities?
The Technical Assistance ALLIANCE for Parent Centers (the ALLIANCE) is an innovative partnership of one national and six regional parent technical assistance centers, each funded by the U.S. Department of Education’s Office of Special Education Programs (OSEP). This national organization helps Parent Centers - Parent Training and Information Centers (PTIs) and Community Parent Resource Centers (CPRCs) - in each state provide training and information to parents of infants, toddlers, children, and youth with disabilities and to professionals who work with them. The ALLIANCE National Center supports Parent Centers through standardized publications, unified data collection, national conferences and institutes, webinars, a monthly e-newsletter, management and nonprofit expertise, and other resources. See their directory for regional Parent Center contact information.
How can people with disabilities get help returning to or entering the workforce?
People with disabilities can get training to enter or return to the workforce from vocational rehabilitation providers. Services include training and services to return to work, to enter a new line of work or to enter the workforce for the first time.
The Ticket to Work and Self-Sufficiency Program is an employment program for people with disabilities who are interested in going to work. The Ticket Program is part of the Ticket to Work and Work Incentives Improvement Act of 1999, legislation designed to remove many of the barriers that previously influenced people's decisions about going to work because of the concerns over losing health care coverage. The goal of the Ticket Program is to increase opportunities and choices for Social Security disability beneficiaries to obtain employment, vocational rehabilitation, and other support services from public and private providers, employers, and other organizations.
SSI and Social Security Disability beneficiaries between the ages of 18-64 may be eligible for a Ticket. To use your Ticket, take it to an Employment Network. The Employment Networks are private organizations or public agencies, that have agreed to work with Social Security to provide services under this program.
What are the requirements of the Americans with Disabilities Act for small businesses?
The Americans with Disabilities Act (ADA) applies to all businesses with 15 or more employees. Rural businesses within fewer than 15 employees may want to voluntarily address the spirit of the ADA. Employers covered by the ADA must make sure that people with disabilities have an equal opportunity to apply for jobs and to work in jobs for which they are qualified, have an equal opportunity to be promoted once they are working, have equal access to benefits and privileges offered to other employees, and are not harassed because of their disability. The ADA limits the kinds of medical information employers can request from job applicants or employees and requires employers to provide reasonable accommodations to qualified individuals with disabilities. For more information, see Americans with Disabilities Act: A Primer for Small Business from the U.S. Equal Employment Opportunity Commission.
What are the requirements of the Americans with Disabilities Act for local government?
Local governments cannot discriminate on the basis of disability for services, programs, activities or benefits offered to the public and must use the most integrated setting appropriate. They are required to ensure that communications with people with disabilities are as effective as communication with others. Municipalities are required to meet or exceed the requirements of ADA design standards when they alter existing facilities or build new ones. Local governments with fewer than 50 employees should meet these simplified requirements: 1) Provide notice of ADA compliance to public, and 2) Conduct self-evaluation, encourage comment by interested parties, including people with disabilities, and implement changes.