Celebrating PADD Programming

Posted on October 4, 2023

We are excited to celebrate the anniversary of the Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program.

What is the PADD Program?

Congress established the PADD program in 1975 as the first Protection and Advocacy (P&A) program to protect the human and civil rights of people with developmental disabilities. The PADD program was a part of Developmental Disabilities Assistance and Bill of Rights Act of 1975 in response to the horrific conditions that were exposed at Willowbrook State School. An investigation of Willowbrook, a New York state institution for people with intellectual disabilities, revealed widespread abuse and neglect and sparked a national movement to protect the rights of people with disabilities.

How does PADD Impact the Community?

The PADD program is designed to provide a safety net for people with developmental disabilities and to ensure they have access to the services and supports they need. This includes investigating allegations of abuse and neglect, advocating for the rights of people with developmental disabilities in legal and administrative proceedings, providing information and referral services, and educating the public about the rights of people with developmental disabilities.

For example, DRM’s PADD program has helped draft and advocate for the End the Wait Act, which passed in 2022. Several of Maryland Medicaid’s home and community-based services programs have extensive waitlists, with some applicants waiting up to 10 years to access services. In 2021 there were 3,694 people on the waiting list for Developmental Disabilities Administration (DDA) services, 6,221 children with autism on the Autism Waiver Registry, and over 20,000 people on the Home and Community-Based Options Waiver waitlist (despite there being approximately 1,100 unused slots). The End the Wait Act requires the state to develop a plan to cut the Medicaid waitlists in half by fiscal year 2024.

Additionally, DRM has assisted people with developmental disabilities by helping to shut down an unsafe public residential institution, abolishing the payment of subminimum wage to individuals with disabilities working in the state of Maryland, ensuring that people with intellectual and developmental disabilities have access to vaccines, and spearheading the passage of a Supported-Decision Making bill.

Together with our partners – the Maryland Developmental Disabilities Council and the Maryland Center for Developmental Disabilities – DRM continues to work every day to create a more independent, inclusive and just society for people with developmental disabilities.

4 older adults outside smiling (one in a wheelchair, one with a walker, and two with canes) and a worker

Celebrating 30 Years of PAIR Programming

Posted on August 11, 2023

We are excited to celebrate the anniversary of the Protection and Advocacy for Individual Rights (PAIR) Program.

What is the PAIR Program?

Congress established the PAIR Program in 1993 under an amendment to the Rehabilitation Act. With PAIR Program funding, DRM protects and advances the legal and human rights of people with physical, hearing or vision disabilities.

What type of advocacy does the PAIR Program fund?

DRM used PAIR Program funding to help Baltimoreans who are d/Deaf and hard-of-hearing engage in local politics.

In 2021, DRM began working with a resident of Baltimore who is hard-of-hearing and has a keen interest in politics at all levels. Our client was extremely frustrated because virtual meetings hosted by Baltimore City were not accessible for them. These meetings were broadcast live on a platform called CharmTV.

DRM took action! We wrote a letter to the mayor highlighting our concerns about how d/Deaf and hard-of-hearing citizens were being denied meaningful participation in the City’s programs, and stressing the City’s obligation to make all programs and services accessible. After several meetings involving DRM, our client, the City officials, and with the support of the Maryland Governor’s Office of the Deaf and Hard of Hearing, we achieved some positive outcomes.

The City agreed to incorporate American Sign Language (ASL) interpreters for public addresses and introduced Communication Access Realtime Translation (CART) captioning. CART captioning uses a special kind of keyboard to provide accurate translations that appear on screens, laptops, and devices. Further, the mayor’s office created a Frequently Asked Questions document and internal resource guide to make sure meetings are accessible to everyone.

DRM’s advocacy, funded by the PAIR Program, has the potential to impact the population of over 117,100 individuals who are hard of hearing or deaf in at least one ear in Baltimore City.

We are happy to be able to serve more people, creating a more integrated and just society, thanks to funding from PAIR program.

Take Survey to Determine Our 2024 Priorities

Posted on August 2, 2023

Every year we ask the community which disability-related legal issues need to be addressed. The survey results guide the focus of DRM’s work over the next year. We especially want to hear from people with disabilities, Black, Indigenous and people of color (BIPOC), and others affected by intersectional discrimination and oppression.

There are so many issues we would like to tackle, but our resources are limited. We need to focus on the most important needs in our communities to make the greatest impact.

Here are 4 ways to take the survey by September 7^th:

1. Click here to submit online.

2. Print a survey using link below and mail to Disability Rights Maryland 1500 Union Ave # 2000, Baltimore, MD 21211

3. Email a completed survey to Feedback@DisabilityRightsMD.org

4. Call 410-727-6352 ext. 0 to complete over the phone or request to complete in-person

Online Survey: https://www.surveymonkey.com/r/3TPV8MC

Printable survey: https://disabilityrightsmd.org/wp-content/uploads/ASP-Survey.FY2024.pdf

Encuesta en Español: https://disabilityrightsmd.org/wp-content/uploads/ASP-Survey.FY20241-Espanol.docx

Photo of Maryland state capital building

2023 Legislative Highlights

Posted on June 12, 2023

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.

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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.

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DRM Sues on Behalf of Children Stuck in Hospitals

Posted on June 5, 2023

On 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 )