What We Often Hear

What We Often Hear: There are parents who oppose any changes in the disability system.

Response: We understand there are parents who oppose progressive changes in the disability system. While concerns about change are understandable, House Bill 225 is designed to directly address these concerns and provide safeguards. It mandates clear plans for how changes will be implemented and guarantees state support during the transition. This ensures changes are made thoughtfully and with support.

Furthermore, Ohio has a history of making successful progressive changes, like the shift to Employment First, where initial worries didn't come to pass. That move changed how we think about and provide services to people with disabilities, emphasizing community employment and greater choice.

We Often Hear: Individuals need to continue to be able to have the choice to move in and out of services throughout their day.

Response: We understand that people value the freedom to move between different services and activities throughout their day. We've heard that sheltered workshops are important for some people with disabilities because they offer a place to connect with friends and participate in activities. This bill bill doesn't eliminate these important features. However, it does separate the social and leisure activity parts of a sheltered workshop from the work activities so that unfair practices, like paying less than minimum wage using (using 14(c) certificates).

We Often Hear: Employers/providers will close because they will not be able to afford to pay the full minimum wage to all the individuals?

Response: We have examples in Ohio of employers/providers who have successfully transitioned away from paying subminimum wages , even without additional state financial assistance. They achieved this transition in under five years by adjusting their operations, simplifying tasks, redefining roles, and finding more efficient ways to operate to ensure their long-term sustainability. Importantly, these employers/providers continued to receive Medicaid funding for the services they provided, regardless of the number of hours individuals worked each day, and this will remain the case under the Home and Community Based waiver system.

We Often Hear: Some worry that people will be "left behind."

Response We understand the concern that some people may be "left behind" under House Bill 225. It's important to recognize that people being "left behind" is a challenge that exists every day. However, HB 225 is specifically designed to proactively address this very issue. It clearly outlines the responsibilities and accountabilities of all parties involved, The bill creates a framework that includes mechanisms for collecting data and feedback from people with disabilities and families through the required individualized transition plans. To ensure no one is left behind, transition plans will be reviewed by the Director of Developmental Disabilities, working with the Director of Opportunities for Ohioans with disabilities, people with disabilities, families, and disability service providers. This process will proactively identify potential negative impacts and provide necessary support to ameliorate any such impacts.

We Often Hear: The difference the terms "trainees" versus "employee" created misleading impressions about the intention of the vocational habitation service.

Response: Using the term "trainees" instead of "employees" for those receiving vocational habilitation services can be confusing, as it creates a misleading impression about the service's true intention. This service is focused on providing training and support to help individuals find a job, not on maintaining a long-term "trainee" status. While federal guidelines emphasize job placement and training, Ohio currently lacks clear regulations on the duration of this training. This lack of clarity allows for the possibility of individuals remaining in a 'trainee' status indefinitely, which is contrary to the service's purpose of facilitating employment. This ambiguity in definition and lack of clear timelines can contribute to the continued use of subminimum wages.

We Often Hear: Individuals with severe disabilities are not capable of being productive enough to earn minimum wage or work in the community.

Response: That simply isn't true. Thinking that people with severe disabilities can't be good workers or earn minimum wage is an old way of thinking. The real problems are not with the people themselves, but with the system around them. The real barriers they face stem from systematic issues, such as low expectations; lack of job preparation; unfair measurement practices; and inadequate workplace accommodations and adaptations. For instance, sheltered workplace's assessments focus excessively on speed compared to people without disabilities, which unfairly disadvantage those with different strengths. Also, the job available often do not relate in any way to the particular skills and interests of the individual. They're often jobs that companies need done cheaply, rather than job that match what the person wants. This is a big reason why places like sheltered workshops don't feel like real jobs and do not provide fulfillment or satisfaction.

We Often Hear: There is no immediate need for legislation, as we can simply rely on attrition, since people age out or transition into the community to work.

Response: While relying on attrition—people aging out or transitioning into community jobs—may seem like a simple solution, it doesn't entirely address the long-term issues. Allowing the renewal of 14(c) certificates and state licenses enables employers/provider to continue paying subminimum wages in the future, even if they are not doing so currently. This risks the continuation of lower wages and limiting opportunities for community employment. Eighteen other states have successfully eliminated 14(c) certificates and subminimum wages through legislation. Data, e.g. employment rates, in these states shows that ending subminimum wages has improved opportunities for people with disabilities to earn fair wages and employment in the community.

We Often Hear: County Boards of Developmental Disabilities authorize subminimum wage.

Response: County Boards of Developmental Disabilities authorize a service known as vocational habilitation, which is based on each person's outcomes related to developing work skills. It's important to clarify that County Boards do not directly authorize subminimum wage itself. That authorization comes from a different authority, such as the Department of Labor, through 14(c) certificates. The planning process for vocational habilitation services does involve the person, their family, and service providers. Furthermore, the Association of County Boards has passed a resolution to engage in efforts to phase out 14(c) certificates and subminimum wages, specifically participating in conversations that align with the criteria they have established in their resolution.

We Often Hear: We need an infrastructure built in Ohio's service delivery system before we can eliminate the subminimum wage provision.

Response: The concern about needing sufficient infrastructure is understandable. However, since the implementation of Employment First in 2012, Ohio has significantly strengthened its system of employment services, providing robust support to people with disabilities, their families, and providers. Ohio is widely regarded as a model for other states in delivering these services. This well-established infrastructure provides a solid basis for moving forward with the phase-out of 14(c) certificates and subminimum wages, a process that the Ohio Department of Developmental Disabilities and Opportunities for Ohioans with Disabilities are tasked with overseeing, as mandated by House Bill 225.

We Often Hear: Individuals will lose their benefits like Social Security and Medicaid if their wages go up.

Response: We understand the concern about the impact of increased wages on Social Security and Medicaid benefits. Fortunately, protections are in place to help individuals avoid losing these essential supports as their earnings increase. A key resource is a benefits planner. These professionals specialize in helping individuals understand the complex rules around benefits and work. They can analyze your specific situation, explain how increased earnings will affect your benefits, and identify strategies and programs, like work incentives or Medicaid Buy-In options, that allow you to work and earn more while keeping your benefits. Increasing wages and working in the community can absolutely be a positive step that doesn't compromise your essential support.