UNDER CONSTRUCTION

 

Assertions Versus Evidence

 

Assertion: Individuals will lose their choice of services they have always had over the years.

​Evidence: The 14(c) certificates serve as a designation that allows employers to pay individuals with disabilities a subminimum wage based on their productivity compared to non-disabled peers. This designation underscores the distinction between the use of 14(c) certificates and the fundamental principle of exercising the individuals right to make informed choice about their services.  House Bill 225 advocates for more choices and better opportunities to continue receiving the services outlined in the ISP, rather than being limited by the continuation of subminimum wage employment.

 

Assertion: Individuals will not be able to move in and out of services throughout their day.

Evidence: The flexibility to allow each individual to continue enjoying and participating in their preferred activities throughout the day will remain in place. They can choose to spend part of their day in vocational habilitation services earning a wage while dedicating the other part of their day to enjoyable activities of their choice. The Medicaid Home and Community-Based Waiver offers this option through the person-centered planning process to ensure that these opportunities will continue throughout and beyond the phase-out period.

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Assertion: Left behind

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Evidence:

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Assertion: Vocational Habilitation Services Versus 14(c) Certificate and Subminimum Wage

 

 

Assertion: Individuals who do not meet productivity standards due to their disabilities should not be paid minimum wage.

Evidence: Before determining if someone is too disabled to be paid subminimum wage, we must consider whether there are gaps or issues that need to be addressed, such as 1) the need for improved or alternative training, 2) the absence of appropriate supports provided by the employer/provider, 3) the need for accommodations and assistive technology, or 4) the possibility that the job may not be a suitable match for the individual. Based on Ohio's 2023 data, approximately 3886 individuals with disabilities are earning subminimum wage. At least 2597 individuals are earning at least minimum wage and up. 

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Assertion: There is no immediate need for legislation, as we can simply rely on attrition as people age out.

Evidence: Without legislation, the issuance of 14(c) certificates and state licenses, employers/providers could continue to bring individuals into their service, paying them subminimum wage.  We must take steps to close the front door. To date, 17 states have passed legislation to phase out 14(c) certificates and subminimum wage. 

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Assertion: County Boards of Developmental Disabilities authorize subminimum wage. ​

Evidence: County Boards have authorized a service under their Day Array program known as Vocational Habilitation. This service is tailored to each individual's journey towards achieving employment outcomes, determined through a collaborative planning process that includes the individual, their family, and service providers. The decisions made during this process are guided by the employment goals detailed in each person's Individual Service Plan (ISP). In addition, the Ohio Association of County Boards has passed a resolution endorsing the bill based on the criteria outlined in the legislation.

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Assertion: We need an infrastructure built in Ohio's service delivery system before we phase out 14(c) certificates and subminimum wage.

Evidence: Since the advent of Employment First, Ohio has developed and continues to enhance a robust service system that supports individuals, families, and providers. States across the country look to Ohio as a model for the delivery of services and support. Our Ohio Provider Resource Association plays a pivotal role in this system, serving as a strong and vibrant network that empowers providers across the state to deliver the best practice and quality to Ohio's individuals with disabilities. Additionally, Ohio boasts over 400 certified employment professionals, leading the nation in the number of certified employment professionals.​​​​​​