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2024 Legislative Session Highlights

Graphic says 23 oral testimonies, 33 letter sign ons, 71 written testimonies, 91 total bills advocated for or against

The legislative session was full of successes and challenges. DRM worked with partner organizations, individual allies and legislators to advocate for bills that advance disability rights and against bills that exclude people with disabilities in Maryland. This year, DRM took a position on a total of 91 bills. We submitted 71 written testimonies, orally testified on the impact of 23 bills and joined other organizations in signing 33 letters of support or opposition. Below are the highlights from this year’s session.  

MOBILITYLINK PARATRANSIT SERVICE IMPROVEMENTS STUDY (SB0891/HB1199)

This study establishes an objective review of the Maryland Transportation Administration’s MobilityLink. The Maryland Transportation Institute (MTI), an independent third party, will conduct the study to determine the best methods to deliver MobilityLink service.  MTI will look holistically at MobilityLink—including its service delivery model, customer service, reliability, performance, and workforce—and compare it with other paratransit providers nationwide. MTI will provide policymakers with concrete recommendations to improve service for Marylanders with disabilities. “MobilityLink riders rely on the service to access their community and unfortunately often experience poor service – like late pick-ups and drop-offs, long trips, and lengthy hold times for customer service calls. DRM is hopeful that MTI’s tangible recommendations will propel Maryland to enact sweeping paratransit reform to give Marylanders with disabilities the safe and reliable public transportation they deserve.” says DRM attorney, Daria Pugh.

NEW UNIT TO PROTECT PEOPLE IN STATE CORRECTIONAL FACILITIES (SB0134/HB0297)

“DRM’s investigations and monitoring of Maryland prisons over a number of years has demonstrated that people with disabilities are often subject to dangerous, violent, and unhealthy conditions.  The General Assembly’s creation of an independent, impartial correctional ombudsman for Maryland is a hopeful step forward .” says DRM’s Litigation Counsel, Luciene Parsley.  After 2 years of advocacy, Maryland will establish the Correctional Ombudsman Unit to investigate complaints and issue findings and recommendations. Increased oversight, transparency and accountability is important to address systemic issues and rights violations in Maryland’s correctional facilities. Additionally, the new unit provides a way to address rights violations that fall within the gaps of current complaint issue areas, like complaints against contractors who provide medical and mental health services for the Department of Public Safety and Correctional Services (DPSCS). The unit will report annually to the General Assembly, including information about systemic issues, rights violations and how DPSCS responds to the Ombudsman’s recommendations.

FUND FOR FAMILIES TO ACCESS SPECIAL EDUCATION ATTORNEYS, ADVOCATES AND CONSULTANTS (SB0797/HB0903)

This bill establishes a program to help families with limited financial resources access lawyers, advocates and education consultants for a variety of special education matters. Currently, DRM maintains a pro bono referral program for families with very limited means, but this will enable a broader range of families to access attorneys and, for the first time, to obtain services from advocates or consultants at no cost to them. The attorneys, advocates and consultants will be paid through the program, which will be administered by the Maryland Volunteer Lawyers Service (MVLS). DRM attorney Leslie Seid Margolis and the Education Advocacy Coalition crafted the bill that will soon help thousands of Maryland students. “I look at all the education intakes that come in and it’s hard to put into words what it feels like to turn families away, knowing how limited their options have been; this program will be so helpful in expanding the resources available to families.” This is important because families who have advocacy assistance are better equipped to secure appropriate services for their children and resolve education issues. The passing of this legislation brings us closer to ensuring all students have what they need to be successful in school.

Last year, Maryland passed a law that lets families get money back for expert costs in addition to attorneys’ fees if they win a case against a school system. This new program is different because it enables families to access legal support at all stages of the special education process, not just when they are facing a due process hearing; the program emphasizes assistance for families for Individualized Education Program (IEP) meetings and informal dispute resolution.

SELF-DIRECTED MENTAL HEALTH SERVICES PILOT PROGRAM (SB0988)

DRM introduced a bill that would create a self-directed mental health care pilot program for people with disabilities. Bills such as this one often take several years to pass, and DRM will continue to advocate for this program next year. Studies show that when people can manage their own care, they do better in their communities and are less likely to live in institutions. Most importantly, many people with disabilities prefer this kind of care. Right now, some people with serious needs must settle for inadequate help, join programs that might not fit them well, or go without help entirely. This new program would allow people to make a plan that fits their needs instead of making their needs fit into the current service system. Self-directed mental health care is already working in 6 states and is a good step toward fair treatment for mental health issues.

ASSISTED OUTPATIENT TREATMENT (SB0453/HB0576)

DRM opposed the expansion of involuntary civil commitment laws, including the creation of an Involuntary Outpatient Civil Commitment program, termed “Assisted Outpatient Treatment” (AOT). AOT had strong support from the current administration and passed in both the House and Senate. Testimony in favor of AOT revealed many fears and stereotypes about people with mental health disabilities’ capacity to make decisions about their minds and bodies. DRM believes people with mental health disabilities should be provided with any accommodations and supports necessary to make and communicate health care decisions, and that individuals have the right to receive care in the most integrated setting available. AOT meets none of these criteria. DRM is concerned that AOT risks jeopardizing efforts to create an innovative, behavioral health system in Maryland – one that is truly focused on supporting the voices and choices of people with mental health disabilities to receive the support they need to be included in our communities.

 

Thank you!

DRM would like to thank our donors whose support enabled us to advocate for people with disabilities throughout the 2024 legislative session.

If you are passionate about creating a more equitable Maryland and able to give, please consider making a generous contribution to support our work. We rely exclusively on gifts from individuals and general operating grants to support this work.

SUPPORT DRM TODAY!

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Celebrating PADD Programming

Four girls posing after doing yoga

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. 

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Meghan Marsh Takes Helm as DRM’s New Executive Director

Meghan Marsh, DRMs New Executive Director

A MESSAGE FROM THE BOARD OF DIRECTORS:

It is with great excitement that we announce the appointment of Meghan Marsh, a 30-year veteran of the organization and dedicated disability rights advocate, as Disability Rights Maryland’s (DRM) next executive director. Meghan was selected after a national search performed by DRM’s Board of Directors.

“Meghan has been at the heart of DRM’s mission for 30 years and her dedication, passion and unwavering commitment have been the driving force behind so many of DRM’s achievements. We could not be more thrilled to have her as DRM’s new executive director, leading us through this next exciting chapter in the fight for disability rights and justice,” said Ryan S. Perlin, president of the DRM Board of Directors.

Meghan will be a familiar face to many as she has served DRM in several roles since joining in 1993. Most recently, she served as interim executive director since May. Her previous roles include intake specialist, staff attorney, communications manager, and deputy director. In the latter role, she led grant reporting and quality assurance. She also supervised DRM’s intake team and projects aimed at protecting the rights of Social Security beneficiaries with disabilities.

“For three decades, DRM has been my second home, and the fight for disability rights, my life’s work,” expressed Meghan Marsh, DRM’s executive director. “I have tremendous respect and admiration for the entire team at DRM. With kindness, courage, and persistence we can forge a future where every individual thrives, and so it is with great excitement and gratitude that I step into the role of executive director.”

Meghan holds a bachelor’s degree from Penn State University in social work and earned her law degree from the University of Maryland Francis King Carey School of Law. In 2020, she was awarded the Benjamin L. Cardin Public Service Award by the Maryland Carey Law Alumni Board for her significant contributions to furthering the ideals of public service in the law. Meghan is also a certified mediator and a 2014 National Disability Rights Network leadership fellow. She served as an adjunct professor for seven years at the University of Maryland University College Graduate School of Business and Management teaching writing, statistics, and management classes to MBA candidates. 

Meghan will succeed DRM’s most recent executive director, Robin Murphy, who served the organization for the past six years successfully leading DRM through years of financial growth and unprecedented demand for services. Her tenure included guiding the organization through the COVID pandemic, navigating multiple challenges while ensuring the non-discriminatory provision of critically needed services for Marylanders with disabilities. Robin leaves DRM in a strong position as a robust statewide disability rights advocacy organization.

“Robin’s legacy with DRM will be as someone whose vision for the organization never wavered, and whose decisions were guided by one principled question: is this in the best interest of Maryland’s disability communities? The Board of Directors is grateful to Robin for her strong guiding principles and leadership as a steward of DRM’s mission,” added Perlin.

“Meghan knows DRM’s work inside and out and there is nobody more suited for this next chapter,” said Robin Murphy, DRM’s former executive director. “She’s intimately aware of the challenges facing Marylanders living with disabilities today and will bring her innovation and tenacity to addressing those challenges head-on.”  

We are so pleased to have Meghan leading the organization into this next chapter. She is committed to growing the organization’s strengths of advocacy, outreach and individual representation while expanding DRM’s commitment to building an intersectional approach to disability justice.

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Honoring Judith Heumann’s Legacy on the Anniversary of the ADA

In July, we celebrate Disability Pride Month to commemorate the passing of the landmark Americans with Disabilities Act (ADA) in July 1990. It is a time to acknowledge the history, accomplishments, experiences and challenges of disability communities. This is the first year we celebrate without Judith Heumann, “the mother” of the disability rights movement, who played an important role in advocating for passage of the ADA.

In the 1970s and 1980s, Judith’s courageous efforts and advocacy during public protests, including the famous 504 Sit-in, focused attention on the rights and needs of people with disabilities. Her work and that of other disability rights activists contributed to the momentum behind the push for comprehensive civil rights legislation for people with disabilities, leading to the eventual passage of the Americans with Disabilities Act in 1990.

The ADA is a comprehensive civil rights law enacted to prohibit discrimination against individuals with disabilities and to ensure that they have equitable access and opportunities.

The ADA prohibits disability discrimination in many areas:

  • Employment: Employers cannot discriminate against qualified individuals with disabilities. They must provide reasonable accommodations to help employees perform their jobs.
  • State and Local Government Services: Government programs and services, including public education, health care and voting, must be accessible to individuals with disabilities.
  • Transportation: Public transportation services must provide people with disabilities an equal opportunity to benefit from their services.
  • Public Places: Business that are open to the public like restaurants, stores, and entertainment venues must be accessible to people with disabilities. Physical barriers should be removed or reduced.
  • Telecommunications: Phone companies must provide relay services for people with hearing or speech impairments.

The ADA has significantly improved the lives of millions of Americans with disabilities and fostered a more inclusive society in our nation. Judith Heumann’s 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.

DRM will continue to proudly celebrate Judith’s legacy and those that continue her work 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.

 

Learn more about Judith Heumann and the Disability Rights Movement.

Learn more about why and how to celebrate Disability Pride Month 2023.

 

 

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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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