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Theodore A. Howard (Ted) to Receive Outstanding Legal Advocacy Award

Disability Rights Maryland (DRM) is pleased to announce that Theodore A. Howard, Pro Bono Partner at Wiley Rein LLP, will be honored with the Outstanding Legal Advocacy Award at DRM’s Breaking Barriers Awards Gala on Wednesday, September 20, 2023, at the American Visionary Art Museum (AVAM) in Baltimore, Maryland.

This prestigious award recognizes attorneys and law firms who have shown exceptional dedication to advancing disability rights and promoting equal access to justice through pro bono work.

For two years, Ted Howard donated his time and expertise to representing DRM in a lawsuit against Prince George’s County Public Schools (PGCPS). The court ruled in favor of DRM this March, affirming DRM’s right to access contact information for parents and guardians of students with disabilities who may have faced educational neglect and disproportionate exclusionary discipline based on disability and race.

DRM’s Legal Director, Megan Berger, said: “DRM was tremendously fortunate to work with Ted Howard on this case. His wise counsel, unparalleled expertise, collegiality and dedication to the cause were exceptional and indispensable to securing this important victory.”  

Thanks to Ted’s commitment to this case, DRM is able investigate whether students of color with disabilities were subject to educational neglect and illegally received harmful and unequal disciplinary actions. Additionally, the decision establishes a powerful precedent, supporting the nationwide network of Protection & Advocacy organizations to access public school student and parent/guardian contact information in certain circumstances to investigate abuse and neglect and identify cases of discriminatory policies and practices.

To learn more about DRM’s Breaking Barriers Awards Gala, visit DisabilityRightsMD.org/Breaking-Barriers-Gala.

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About Theodore A. Howard:

Ted Howard is the fulltime Pro Bono Partner at Wiley Rein LLP in Washington., D.C., where he oversees administration of the 250-lawyer firm’s Pro Bono Program, while also maintaining an active caseload representing individuals and groups of clients in civil rights, family law, housing, immigration, and public benefits matters. Ted is currently the Chair of the D.C. Circuit Judicial Conference Standing Committee on Pro Bono Legal Services, and Co-Vice President of the Board of Directors of the Law Firm Antiracism Alliance. He served on the ABA Standing Committee on Legal Aid and Indigent Defense from 2015 to 2021, including three years as Chair, and the Board of Governors of the District of Columbia Bar from 2016 to 2022. He has been honored for his pro bono contributions by the Legal Aid Society of D.C., with its Servant of Justice Award in 2006, and by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, with its Wiley A. Branton Award in 2015. Ted is a graduate of the University of Notre Dame and Harvard Law School.

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Rebecca Cokley to Receive Judith Heumann Champion of Justice Award

Photo of Rebecca Cokley. White woman with red hair wearing a navy blazer and white tank top, standing in front of a brick wall.

Disability Rights Maryland (DRM) is excited to announce that Rebecca Cokley will receive the prestigious Judith Heumann Champion of Justice Award at DRM’s Breaking Barriers Awards Gala on September 20, 2023 at the American Visionary Art Museum in Baltimore, Maryland.

The award, established in 2020, recognizes Judith Heumann’s remarkable lifelong achievements and her legacy as one of the world’s most influential disability rights activists. DRM presents this award to exceptional individuals who have dedicated their lives to advocating for disability rights and other intersecting civil rights movements.

Rebecca Cokley, a second-generation little person and three-time presidential appointee, has championed inclusive policies and challenged systemic barriers within the federal government, non-profit, and private sectors throughout her distinguished career. This esteemed award recognizes her contributions to the disability rights movement and her relentless pursuit of equity and inclusion.

Similar to Judith, Rebecca is an innovator who pushes boundaries and follows her vision. Her accomplishments include coordinating the first-ever White House Black History Month event for disability communities and initiating the first LGBTQIA+/Disability Pride Month event. She co-founded the Disability Justice Initiative (DJI), which is the first disability policy shop in a progressive think tank at the Center for American Progress.

In 2021, Rebecca joined the Ford Foundation as a program officer for their first-ever U.S. Disability Rights program. The program focuses on strengthening the disability field, cultivating diverse leadership, advancing economic security for people with disabilities, integrating disability rights into social justice movements, promoting disability pride and mobilizing resources for disability rights work.

Rebecca embodies and continues to champion the values and spirit that Judith Heumann infused into the disability rights movement.

To learn more about DRM’s Breaking Barriers Awards Gala, visit DisabilityRightsMD.org/Breaking-Barriers-Gala.

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About Rebecca Cokley:

Prior to joining the Ford Foundation, Rebecca was the cofounder and director of the Disability Justice initiative at the Center for American Progress, where she built out a progressive policy platform that protected the rights and services disabled people depend on for survival and also developed innovative solutions like a proposed disabled worker tax credit and increased access to capital for disability-owned small businesses. She also stewarded a campaign that resulted in an unprecedented 12 presidential candidates developing disability policy platforms.

Prior to her work at American Progress, she served as the executive director for the National Council on Disability, where she worked on sexual violence on college campuses, policing reform, and the civil rights of disabled parents. A three-time presidential appointee, Rebecca served in key policy roles at the Department of Education and the Department of Health and Human Services, as well as oversaw diversity and inclusion efforts for the Obama administration.

Rebecca is a frequent speaker and contributor on issues of public policy and disability inclusion in the media and at major national conferences. She has a bachelor’s degree in politics from the University of California, Santa Cruz.

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2023 Legislative Highlights

Graphic says 2023 legislative highlights, 19 letter sign ons, 42 written testimony, 22 oral testimonies

Disability Rights Maryland (DRM) is pleased to report that the 2023 legislative session in Maryland was a productive one for Marylanders with disabilities. DRM worked with partner organizations, individual allies and legislators to advocate for bills that would protect and advance the rights of people with disabilities. During the session, DRM submitted written testimony for 42 bills, orally testified on the impact of 22 bills and joined other organizations in signing on to 19 letters of support or opposition. DRM is especially proud of the following seven bills which will become law this year in Maryland.  

 

The Trans Health Equity Act

Senate Bill 460/House Bill 283 is a critical piece of legislation that ensures transgender individuals with Medicaid have access to comprehensive and culturally competent healthcare. This bill is important for people with disabilities because strikingly 39% of transgender individuals have one or more disabilities, compared to 15% of the general population. When pledging to sign the Act, Governor Wes Moore said, “We should not be asking any Marylander to validate their humanity. We should not be asking any Marylander to try to justify their humanness.” With the passage of the Trans Health Equity Act, transgender Marylanders with Medicaid will receive medically necessary, life-saving care. We applaud the efforts of the bill sponsors Senator Mary Washington of Baltimore City and County and Montgomery County Delegate Anne Kaiser. This Act is a significant step forward in promoting equity and access to healthcare for all.

 

Education: Recovery of Attorney’s Fees & Related Costs

House Bill 1237 provides critical support to parents and guardians of children with disabilities. Effective July 1, 2023 parents will be able to recover expert costs and fees in addition to attorney fees if they prevail in administrative or court actions brought against a local school system that fails to provide their child with the free, appropriate public education to which they are legally entitled. This enables families with low or moderate incomes, as well as those with more resources, to recover the costly expenses of successfully advocating for their children’s educational rights. Maryland will join Delaware and the District of Columbia as the only places in the country where parents who prevail in education cases are able to recoup their expert costs. We commend the Maryland General Assembly for taking this important action to safeguard the educational rights of children with disabilities and their families.

 

Transportation Equity Act

Senate Bill 0019/House Bill 009 makes equity a primary goal in Maryland’s transportation planning, and requires that people with disabilities are included and considered when the State develops its transportation plans. Maryland has a long history of enacting exclusionary transportation policy that disproportionately impacts people with disabilities, people from racial and ethnic minority groups and people with lower incomes. With the passage of this bill, the Maryland Department of Transit will need to conduct equity analyses, cost-benefit analyses and consult with certain communities before announcing or proposing any major service change or any reduction or cancellation of a certain capital expansion project. The bill goes into effect on June 1, 2023 and July 1, 2024. The Transportation Equity Act moves our state closer to providing fair and accessible transportation options for all individuals, which is essential for people’s daily lives and economic well-being.

 

Mental Health: Treatment Plans for Individuals in Facilities

Effective October 1, 2023, Senate Bill 8/House Bill 121 requires healthcare providers to develop and implement mental health treatment plans for individuals with mental health conditions when they receive care in facilities. This bill is crucial for people with disabilities as it recognizes the unique needs of each individual and aims to improve the quality of care and support provided to individuals with mental health conditions. The bill promotes the mental health and well-being of people with disabilities in Maryland.

 

Housing: Access to Counsel in Evictions

Senate Bill 756 provides $14 million every year from 2024 to 2027 to the Access to Council in Evictions (ACE) Special Fund. This money will be used to provide legal assistance to tenants facing eviction. Last year, the legislature passed a law that said tenants have the right to a lawyer in eviction cases. According to a report from the Maryland Access to Counsel in Evictions Taskforce in January 2023, landlords have always had an advantage because they usually have lawyers, while tenants rarely do. This funding is especially crucial for people with disabilities. They are more likely to face unemployment and poverty, and nationwide, about 4.1 million people with disabilities spend more than half of their income on rent. Having a lawyer in eviction cases can help prevent people with disabilities from being forced into institutions and can help them stay in the communities. The passage of this bill ensures the ground-breaking move to establish a right to counsel in evictions will be able to fulfill its promise to promote justice and fair housing for Marylanders with disabilities.  

 

Home & Community Based Health Services for Children & Youth

Senate Bill 255/ House Bill 322 is a vital piece of legislation that expands home and community-based services for children and youth with disabilities by requiring the Maryland Department of Health to increase access to and provide reimbursement for intensive in-home services, case management and wraparound services. Effective October 1, 2023 the Act allows children to receive care in their home and community, rather than being forced to live in a medical facility. By expanding the availability of home and community-based services, this bill aims to improve access to care, increase independence, and enhance the overall quality of life for children and youth with complex needs. The passage of this bill promotes inclusion and equity for all children and youth with disabilities in Maryland.

 

Health: Collaborative Care Model Services Expansion

Senate Bill 101/House Bill 48 becomes law October 1, 2023. It is designed to improve the quality of behavioral health care delivered in primary care settings for Maryland Medicaid recipients by expanding access to and reimbursement for the proven Collaborative Care Model. The collaborative care model involves a team-based approach to healthcare, with medical professionals working together to provide comprehensive, coordinated care that addresses both physical and mental health needs. Care coordination and management are essential to improving outcomes, avoiding crises and ensuring that children and adults with behavioral health conditions are served in their communities whenever possible, avoiding out-of-home placements that traumatize and harm families. The passage of this bill is a meaningful step forward in promoting equitable and accessible healthcare for all Maryland residents.

Thank you!

DRM would like to thank our donors whose support enable DRM to advocate for people with disabilities throughout the 2023 legislative session. If you are passionate about advancing the rights of people with disabilities in Maryland and able to give, please consider making a generous contribution to support our work.

 

GIVE TODAY

 

 

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DRM Sues on Behalf of Children Stuck in Hospitals

Photo of child looking out of a windowOn Tuesday, May 30, 2023, Disability Rights Maryland (DRM) and Venable LLP filed a complaint against the Maryland Department of Human Services (DHS) and Maryland Department of Health (MDH) for their failure to provide appropriate placements and services for children warehoused in hospitals and emergency departments without medical necessity, resulting in “overstay” status.

The lawsuit is filed on behalf of a class of Maryland foster children who currently are experiencing, or are at imminent risk of experiencing, medically unnecessary hospitalization. 

Even though there are laws to help foster children leave institutional settings, local Departments of Social Services keep some children with challenging behavior in hospitals while they wait for placement in a congregate care group home, a highly restrictive residential treatment center (RTC), or a residential program for youth with disabilities.

The children suffer greatly during these hospital stays, as they are confined to beds or sterile hospital units for weeks or months without proper opportunities for education, recreation, socialization, fresh air, or basic interactions that are critcal for their development.

“Some children have been held in emergency departments for weeks, where they have difficulty sleeping because the lights are always on and there is constant activity all around them,” said Megan Berger, legal director at DRM.  “It is traumatic to be confined in such arrangements after the kids’ doctors have said they are ready to leave. Kids have told us that they feel abandoned and unwanted—and the lack of available services and placements just compounds those feelings.” 

Maryland is considered the wealthiest state in the country per person, but it continues to fail its most vulnerable children. Hospital overstays have been a persistent issue in Maryland for at least the past five years, affecting over 100 foster children annually.

Leslie Seid Margolis, a managing attorney and policy counsel at DRM, emphasized “Moving children out of the hospital one by one is not a plan.  We hope this lawsuit will spur the State agencies to think systemically about how to address the critical need to provide meaningful therapeutic, behavioral, and supportive services to children and youth in their homes or foster homes or, if that is not possible, then in the community with as little restriction as possible.”

 

For more information about the lawsuit, you can find media coverage listed below:

Disability rights group sues Maryland for housing foster kids in hospitals (The Baltimore Banner)

Disability Rights Maryland Sues DHS, MDH Over Foster Children Care (Baltimore Post Examiner)

Maryland sued for allegedly housing foster children in hospitals (wmar2news.com)

Lawsuit challenges long, medically unnecessary hospital stays for Maryland foster care children (WYPR)

Lawsuit accuses Maryland of ‘warehousing’ foster children with behavioral health issues in hospitals (WJZ News)

‘Stuck in limbo’: Lawsuit says Md. foster children held in hospitals, psychiatric facilities for no medical reason (WTOP )

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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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