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Expanded Services for Adults with Brain Injury

The Maryland Department of Health (MDH) has temporarily expanded the technical eligibility for the Home and Community-Based Services Waiver for Adults with Brain Injury (Brain Injury Waiver), which provides residential, day, supported-employment, and individual-support services to adults with neurobehavioral, cognitive, and physical deficits resulting from a brain injury. The Brain Injury Waiver typically only allows transition from just a handful of nursing facilities, but applicants may now transition from all private nursing facilities. The MDH is currently evaluating the sustainability of this expansion, which will remain in effect until November 2023.

 

Under the temporary expansion, Marylanders residing in Maryland nursing facilities, chronic hospitals, or state owned and operated facilities may be eligible for this program if:

  • They are between the ages of 22-64;
  • They have sustained an acquired brain injury that occurred after the age of 17;
  • The brain injury resulted in a cognitive, physical, behavioral, or emotional disability;
  • The individual’s income does not exceed $2,742 per month nor has assets that exceed $2,000 in value;
  • Their needs meet a nursing facility or chronic hospital level of care; and
  • Their medical issues are chronic, predictable, stable, and routine.

 

If you or someone you know is in a private nursing facility, is interested in living in the community with services via the Brain Injury Waiver and meets the above criteria, complete this interest form as soon as possible before the temporary expansion period ends in November 2023.  The form will connect you with staff from the Brain Injury Association of Maryland, who can assist with determining Waiver eligibility and the application process. The process can take a while, so the sooner you complete the interest form, the better.

 

More information is available at https://www.biamd.org/brain-injury-wavier-program.html

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What Are Your Transportation Priorities?

Black man looking at camera smiling while sitting in driver seat of a public bus.

The Maryland Department of Transportation (MDOT) launched a public survey to gather input for the 2050 Maryland Transit Plan. Access to transportation (or lack thereof) directly impacts employment, health and overall quality of life. The MDOT Transit Plan will be a 20-year vision for statewide transportation and will direct the state’s efforts moving forward.  Your input will help shape our transit system for the next few decades. The survey is available online in a digital format or it can be downloaded and emailed.

Complete the survey by Friday, May 5, 2023 at 5:00PM:  https://www.mdot.maryland.gov/tso/pages/Index.aspx?PageId=22


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Wiley Secures Victory for Disability Rights Maryland in Pro Bono Lawsuit Against Prince George’s County Public Schools

Washington, DC – Wiley Rein LLP secured an important victory on behalf of Disability Rights Maryland (DRM) in a lawsuit against Prince George’s County Public Schools (PGCPS), stemming from allegations that the school system disproportionately subjected students with disabilities to inappropriate and exclusionary forms of discipline.

In a March 24 decision granting DRM’s motion for summary judgment, the U.S. District Court for the District of Maryland ordered PGCPS to provide DRM with contact information for the parents or guardians of students who are eligible for special education in the school district, and who have received a suspension of more than three days or were expelled since January 2019.

Wiley Pro Bono Partner Theodore A. Howard represents Disability Rights Maryland in this case in collaboration with Luciene Parsley and Megan Berger of DRM’s legal staff. DRM is a nonprofit organization designated as the State of Maryland’s Protection & Advocacy agency. DRM is “federally mandated to advance the civil rights of people with disabilities,” and provides free legal services to individuals in Maryland with all types of disabilities who live in facilities or the wider community, or who are homeless.

DRM’s unsuccessful requests for parent or guardian contact information came after it received over 85 complaints against PGCPS related to exclusionary discipline and educational neglect of students with disabilities. As noted in the court’s ruling, DRM investigated many of the complaints and concluded that “PGCPS frequently violated the educational rights of students with disabilities.” 

When PGCPS refused to voluntarily provide the contact information DRM sought, Wiley filed an action for declaratory and injunctive relief on DRM’s behalf in November 2021 under the applicable federal protection and advocacy statutes and regulations.

The court agreed with Wiley’s argument that DRM is entitled to production by the school system of the information it has requested as a matter of law, and firmly rejected the various arguments interposed by the school system to prevent that outcome.

Originally posted March 28, 2023 by Wiley Rein LLP

 

About Wiley Rein LLP

Founded in 1983, Wiley is a dominant presence in the nation’s capital. With more than 240 attorneys and advisors, the firm has earned international prominence by representing clients in complex, high-stakes regulatory, litigation, and transactional matters. Many of Wiley’s lawyers and public policy advisors have held high-level positions in the White House and federal agencies and on Capitol Hill. The firm represents a wide range of clients – from Fortune 500 corporations to trade associations to individuals – in virtually all industries. Wiley provides significant pro bono legal services and charitable contributions to the local community every year.

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DRM Supports Accessible Gender-Affirming Health Care

Trans gender flag with medical or doctor symbol on top

House Bill 283 and Senate Bill 460, the Trans Health Equity Act, expands Medicaid coverage for gender-affirming health care. Disability Rights Maryland (DRM) supports this bill. Sam Williamson, DRM attorney, is working with the Trans Rights Advocacy Coalition to ensure transgender Marylanders get access to life-saving health care. Major medical organizations, including the American Medical Association and the World Health Organization, have endorsed the medical necessity of this care. Strikingly, 39% of transgender individuals have one or more disabilities, compared to 15% of the general population. It is no surprise that failing to provide adequate treatment for a medical condition, such as gender dysphoria, leads to significant long-term health consequences. 

Providing full coverage for gender-affirming care is also legally required. Multiple federal courts have found that states violated nondiscrimination provisions in the Affordable Care Act when they withheld coverage for gender-affirming care.

Take Action: Call on your legislators to support the Trans Health Equity Act! | Advance Maryland

Listed below are several articles providing more details and sharing Sam’s expertise on the subject. Learn More:

Opinion: Maryland Legislators can take bold action to protect our transgender community

Advocates press for passage of Trans Health Equity Actrans

Maryland’s House health committee holds hearing on legislation to protect gender-affirming care

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DRM Mourns the Loss of Judith Heumann

Photo: Judith Heumann at DRM’s 2015 Breaking Barriers Gala with former Executive Director Virginia Knowlton Marcus.

 

Disability Rights Maryland (DRM) mourns the passing of Judith Heumann, a hero in the disability rights movement, on March 4th at the age of 75. As we grieve the loss of Judith, often regarded as “the mother” of the disability rights movement, we remember her five decades of tenacious advocacy for people with disabilities.

In 2015, at our annual Breaking Barriers Award Gala, DRM presented Judith with the Lorraine Sheehan Lifetime Achievement Award for her heroic leadership and defining voice in the disability rights movement. Her leadership stood out in the crusade and victory for inclusion, as well as respect and acceptance of people with disabilities. Her voice defined what justice is and what justice means for people with disabilities.

In 2020, DRM established the Judith Heumann Champion of Justice Award to honor in perpetuity her legacy as one of the world’s most influential disability rights activists. This prestigious award recognizes one outstanding honoree for a lifetime of advocacy for the disability rights movement and all the civil rights movements with which it intersects.

Judith personally presented the award at DRM’s virtual Breaking Barriers Gala in 2020 to Wade Henderson, whose leadership and advocacy helped secure vital legislation for people with disabilities. She returned in 2021 to present the award to Representative Jamie Raskin for his lifelong commitment to the advancement and legal protection of rights for people with disabilities.

DRM will continue to proudly celebrate Judith’s legacy by presenting the Judith Heumann Champion of Justice Award to individuals who embody the values, accomplishments, and spirit that she infused into the disability rights revolution.

Judith was truly the agent and ethos that led to transformative changes in misperceptions about people with disabilities.

For more details on Judith’s life and memorial service, visit: judithheumann.com

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