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wolf administration

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Message from the Department of Human Services (DHS):

Harrisburg, PA — Department of Labor & Industry (L&I) Secretary Jennifer Berrier and Department of Human Services (DHS) Acting Secretary Meg Snead today announced the Wolf Administration’s goal of using a $14 million federal grant to help Pennsylvanians with disabilities earning subminimum wage transition to competitive, integrated employment.

“Individuals with disabilities contribute their valuable skills, talents, time, energy and perspectives to Pennsylvania’s dynamic economy every day in professions and industries as diverse as our population. They deserve the same protections as all other workers, including the right to earn at least minimum wage for their work,” Secretary Berrier said. “The Wolf Administration will use this funding to help individuals with disabilities and their families learn about and take advantage of opportunities in competitive, integrated employment. There can and should be a role for everyone who wants to and is able to work, and we are grateful to those employers who have already committed to providing competitive, integrated employment.”

Pennsylvania is one of 14 states to receive grant awards from the federal Department of Education for the Subminimum Wage to Competitive Integrated Employment (SWTCIE) demonstration project. L&I’s Office of Vocational Rehabilitation (OVR) and DHS’s Office of Developmental Programs (ODP) will use the funding to develop a five-year plan to support Pennsylvanians with disabilities in transitioning out of subminimum-wage employment — including more than 5,400 people who currently work in “sheltered workshops,” most of whom have intellectual disabilities or autism — as well as students and youth with disabilities seeking to enter competitive, integrated employment (CIE).

“There can be an end to the subminimum wage exception for individuals with disabilities, but it is incumbent on all of us to make that happen. Workplaces should examine their policies to see which ones are outdated or intentionally or unintentionally discriminating against individuals with disabilities,” said Acting Secretary Snead. “Pennsylvanians with intellectual disabilities and autism are vital members of our society and of our workforces, and DHS is proud to support opportunities to help them find gainful competitive integrated employment. We are grateful to the federal government for this grant so we can continue this work.”

The practice of paying individuals with disabilities subminimum wage is legal under Section 14(c) of the Fair Labor Standards Act of 1938, a federal law. In September 2020, the U.S. Commission on Civil Rights called for an end to subminimum wage in a report, saying that the program has been “inconsistent with the civil rights protections to which people with disabilities are entitled.” To date, several states have, or are in the process of, ending subminimum wage for people with disabilities or are in the process of phasing it out.

The federal grant will fund Pennsylvania’s Integrated Vocational Engagement and Supports Team (InVEST) Project, a wraparound model for assisting individuals with disabilities — including those considering or currently engaged in employment at subminimum wage — their families and employers, to move from subminimum wage employment to competitive, integrated employment.

The project aligns with the commonwealth’s Employment First philosophical approach that CIE be the first and preferred option and will enhance the commonwealth’s existing network of community rehabilitation service providers by allocating additional resources for staff who will work directly with CIE employers proactively engaged in supporting employees with disabilities and creating a culture of accommodation for all employees. These employer liaisons and employment specialists will be embedded with CIE employers to support employees with disabilities, facilitate communication, create a smooth hiring process, and provide on-the-job supports to ensure success. An interdisciplinary and collaborative resource team will anticipate and respond to the SWTCIE participants’ employment-related needs.

The Wolf Administration encourages all employers to consider learning more about this topic and becoming involved in Employment First, which requires any group receiving public funding to ensure that employment is the main focus for education, training, or support services for anyone with a disability who is eligible to work. Employers can explore opportunities to enhance their workforce by hiring people with disabilities who are invaluable members of our communities, workforce, and economy.

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In February 2022, the Wolf Administration created the Abuse/Neglect Registry Taskforce to address a gap in protection created by having no systematic method for tracking perpetrators of abuse or neglect of adults with disabilities in the commonwealth.

Agencies that provide services to adults with disabilities currently do not have access to information related to substantiated abuse or neglect cases in which a prospective employee was the perpetrator. Adults with disabilities, including older Pennsylvanians, may experience avoidable harm when perpetrators of abuse and neglect are able to move from job to job without detection.

The Abuse/Neglect Registry Taskforce assembled and began meeting in March 2022. The Taskforce is comprised of a membership including: adults with disabilities; family members; protective services experts; Departments of Human Services, Health, Aging, and Education counsel, program, and protective services staff; provider association representatives; advocacy organization representatives; and the four Executive Directors from the Human Services Committees in the General Assembly.

The Taskforce was given the following objectives: outline desirable parameters for a registry, identify challenges for implementation, and provide recommendations for the adoption and implementation of an Abuse/Neglect Registry in Pennsylvania.

After several months of work on this project, the Taskforce has developed a draft proposal for the parameters of an Abuse/Neglect Registry for Pennsylvania. This draft is now being shared with the public for review and comment.

RCPA invites you to participate in a meeting to discuss the proposal and develop comments for the Taskforce to review. We will be meeting on Monday, October 17, 2022, from 1:00 pm – 2:00 pm. Please register here to attend this meeting. We also invite you to submit any comments to Carol Ferenz by close of business on October 17, 2022. Comments are due by the end of the day on October 18, 2022.

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Governor Wolf today signed a proclamation citing October 2 through 8 as Juvenile Justice Week. This annual proclamation brings attention and awareness to the mission and vision of juvenile justice in the Commonwealth as well as the programs and initiatives that have made Pennsylvania a national leader in juvenile and child welfare programming.

Each year, counties throughout Pennsylvania sponsor annual Juvenile Justice Week activities to enhance public understanding of the juvenile justice system and to pay tribute to all those who are part of this important effort.

In addition, the James E. Anderson Pennsylvania Conference on Juvenile Justice will return to the Hilton Harrisburg on Wednesday, November 2 through Friday, November 4, 2022. This year, the Conference returns to an in-person event, and Resource Day will be held on Friday, November 4 between 8:00 am – 11:00 am.

JCJC invites providers to join the conference as an exhibitor at Resource Day, where your organization can inform and educate a wide variety of conference attendees, including but not limited to juvenile court judges, juvenile court hearing officers, juvenile probation staff, attorneys, providers, and other system stakeholders.

As a small sign of JCJC’s appreciation, exhibitor fees for this year’s Resource Day are waived. The announcement provides details regarding this year’s conference.

RCPA supports and celebrates the Pa. Juvenile Justice System and Juvenile Justice Week of 2022. If you have any questions, please contact RCPA Policy Director Jim Sharp.

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Governor Tom Wolf has signed an official proclamation dedicating the week of September 11 through September 17, 2022, as Direct Support Professional (DSP) Recognition Week. The proclamation, available to read here, recognizes the vital contributions DSPs provide to address the physical and mental health of individuals with disabilities as well as veterans and senior citizens. Furthermore, the Governor recognizes the immense care it takes for DSPs to develop close, respectful, and trusted relationships with those they support.

Please share any of your celebration pictures of stories with Carol Ferenz!

Still looking for ideas? To support efforts to celebrate your DSPs, ANCOR has compiled a few resources to help you say “thanks” and raise awareness about the important role DSPs play in helping people with disabilities access their community. These resources include customizable social media posts, creative ideas for celebrating DSP Recognition Week, and a DSP Recognition Week Store. Access the toolkit, and please use #DSPRW2022 in your social media postings!

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Governor Tom Wolf has signed an official proclamation dedicating the week of September 11–17, 2022, to Direct Support Professional (DSP) Recognition Week. The proclamation, available to read here, recognizes the vital contributions DSPs provide to address the physical and mental health of individuals with disabilities, as well as veterans and senior citizens. Furthermore, the Governor recognizes the immense care it takes for DSPs to develop close, respectful, and trusted relationships with those they support.

RCPA would love to share your celebration activities to recognize these valuable staff members. Please send any photos and/or stories to Carol Ferenz, and we will share them on our social media and daily news.

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Gov. Tom Wolf yesterday announced a coordinated effort for a one-time, large-scale pardoning project for people with select minor, non-violent marijuana criminal convictions.

The Pennsylvania Board of Pardons will accept applications for the PA Marijuana Pardon Project from Thursday, September 1, 2022, through Friday, September 30, 2022.

Read the entire press release.

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Photo by Tingey Injury Law Firm on Unsplash

The Pennsylvania Department of Drug and Alcohol Programs (DDAP) today released Information Bulletin 02-22: Confidentiality of Substance Use Disorder Records.

Act 33 of 2022 took effect immediately when Gov. Wolf signed it on July 7, 2022. Act 33 makes significant changes to the confidentiality provisions for substance use disorder (SUD) treatment records under Pennsylvania law and DDAP’s enforcement of those provisions. Act 33 amends the definitions, 71 P.S. § 1690.102, and the confidentiality provisions, 71 P.S. § 1690.108, of Act 63 of 1972, the Pennsylvania Drug and Alcohol Abuse Control Act.

Read the Information Bulletin.

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The Office of Long-Term Living (OLTL) issued the following notice regarding the American Rescue Plan Act (ARPA) one-time payments for personal care homes (PCH) and Assisted Living Residences (ALR):

Background Info:

Governor Wolf signed Act 54 of 2022, which allocates $26.767 million of federal funding from the American Rescue Plan Act (ARPA) for payments to nursing facilities (NF), personal care homes (PCH), and assisted living residences (ALR). To qualify for the one-time payment, a facility must be in operation as of July 1, 2022.

These one-time ARPA funds must be used for COVID-19 related costs not otherwise reimbursed by federal, state, or other sources of funding. OLTL will send a letter with details about the payments, including information about the approved use of and reporting on these funds. An Act 54 Facility Acceptance Form must be completed by September 2, 2022.

Additional information on Act 54, payment amounts and approved use of this funding will be available at the DHS Long-Term Care Providers page.

PCH/ALR Payments:

  • ARPA PCH/ALR Payment #1 — Licensed Occupancy
    • The total funds available for a one-time ARPA payment to PCHs and ALRs pursuant to Act 54 (ARPA PCH/ALR Payment #1) is $24,090,000. Each PCH/ALR Payment #1 is calculated by the dividing the census of the PCH or ALR, as determined by the most recent DHS inspection on or before July 1, 2022, by the total census of all PCHs and ALRs, including those with a special care designation, as determined by the most recent DHS inspection on or before July 1, 2022, to obtain a facility-specific quotient for each PCH and ALR. Each facility’s quotient is multiplied by $24,090,000 to determine its payment amount.
  • ARPA PCH/ALR Payment #2 — Supplemental Security Income (SSI) Residents Served
    • The total funds available for a one-time ARPA payment to PCHs and ALRs pursuant to Act 54 (ARPA PCH/ALR Payment #2) is $2,677,000. Each ARPA PCH/ALR Payment #2 is calculated by dividing the number of individuals for whom the PCH/ALR received a state SSI payment as in March 2022, divided by the total of all PCH’s/ALR’s individuals for whom a state SSI payment was made in March 2022, to obtain a facility-specific quotient. Each PCH’s/ALR’s quotient is multiplied by $2,677,000 to determine its payment amount.

PCHs and ALRs must complete the Facility Acceptance Form by August 26, 2022. Checks will be issued and mailed in the order in which DHS receives the Facility Acceptance Forms.

Act 54 of 2022 requires the ARPA funding to be obligated by December 31, 2024, and spent by December 31, 2026, or returned to the commonwealth. Additionally, these funds must be used for COVID-19 related expenses. Providers must keep documentation to prove that these funds were used for their response to the COVID-19 pandemic in case of an audit. Any person or entity accepting an ARPA payment agrees to provide documentation to DHS, upon request, for purposes of determining compliance with Act 24 requirements. Instructions on expenditure reporting will be provided at a later date.

The Department of Human Services (DHS) recommends that providers consult their accountants or attorneys for further clarification on acceptable uses of ARPA funding. DHS encourages providers to review guidance for eligible expenditures on the U.S. Department of the Treasury website in their Compliance and Reporting Guidance.

Any questions about this information or the Facility Acceptance Form should be sent to PW, OLTL COVID Payments.

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