Direct Care Workforce

A federal judge’s decision that the Fair Labor Standards Act applies to thousands of home care workers who had been exempt is causing providers to rethink the way they provide services. The ruling in Evelyn Coke v. Long Island Care at Home, Ltd. & Maryann Osborne found that workers who are employed by agencies or other third parties are entitled to overtime pay if they work more than a 40 hour week & they are covered by minimum wage laws & other FLSA rules, such as compensation for travel time.

The Ticket to Work and Self-Sufficiency Program is an employment program for people with disabilities who are interested in going to work. The quarterly newsletter covers marketplace news, opportunities and experiences. This Autumn 2004 issues details the new marketing alliance and offers the experience of promising practices and partnerships. The publication also has a calendar and lists all recently approved Employee Network Providers.

In October 2003, the Connecticut Department of Social Services, in collaboration with the Real Choice Steering Committee, which includes Consumers, State agencies and the University of Connecticut A.J. Pappanikou Center for Excellence in Developmental Disabilities Education, Research and Service, received a three-year grant from the Centers for Medicare and Medicaid Services to implement CHOICE (Connecticut Has Opportunities for Independence, Choice and Empowerment).

The National Quality Forum (NQF), a not-for-profit organization funded by the three main trade associations for LTC providers, has created the National Commission on Quality Long-term Care. According to the founders –American Association of Homes & Services for the Aging, American Health Care Association, and Alliance for Quality Nursing Home Care – the new group is described as an independent body that will make recommendations concerning improving the quality of long-term care in America.

Paying personal assistance services (PAS) providers competitive wages and offering them benefits is one of the keys to stopping abuse of people with disabilities by their PAS workers, according to a report from the Center on Self-Determination Oregon Institute on Disability and Development. The report details a leading list of strategies for assisting individuals with disabilities to prevent and stop violence.

Created in 1995, the In-Home Supportive Services (IHSS) Public Authority makes self-directed services available to people with disabilities who need support in order to live in the community. Using statistics and stories, this report outlines worker supports such as a free handbook and newsletter, a widely used health & dental insurance program, information about programs and services such as the Earned Income Tax Credit and affordable housing, and steadily increasing wages.

In an effort to equalize salaries for direct support professionals, a bill was introduced into the House that would improve the salaries & benefits. The Direct Support Professional Fairness and Security Act would increase federal Medicaid reimbursement rates & would amend Title XIX of the Social Security Act allowing states to raise salaries for privately employed staff who provide community-based support services.

Employer-based health insurance provides the majority of workers with access to health care & protection against devastating financial losses. Millions of workers, however, do not receive health benefits from their employers, and few sources of affordable coverage exist outside the employer-based system. This study, from the Commonwealth Fund Biennial Health Insurance Survey, finds a deep divide in the labor force and an urgent need for expanding access to comprehensive and affordable coverage.

This brief examines employment & program participation patterns of low income adults with disabilities & how well the current safety net meets their needs. It compares low-income across employment, program participation & income status. These comparisons highlight some of the unique challenges & motivate broader discussion of gaps in the safety net. Particularly striking are the conflicting messages regarding work & program participation sent by existing programs & policies.

This report describes the FY ‘01 & FY ‘02 Grantees’ accomplishments & progress, using information from 10/1/02 to 9/30/03 (Year Two of grant period for FY ‘01 Grantees & Year One of grant period for FY ‘02 Grantees). The report describes grant activities in six major areas: Consumer Direction & Control, Access to LTC Services & Supports, State Budgeting & Reimbursement Rates & Methodologies, Service Creation/Modification, LTC Service & Support Workforce, Quality Management Mechanism.