Advocacy Update - April 17, 2023

Budget Highlights

With the 2023 legislative session concluded, there are numerous budget and legislative outcomes to celebrate.  We are grateful to the Governor and the Maryland General Assembly for the Developmental Disability Administration (DDA) Community Services Budget, which totals over $1.8 billion dollars. The budget includes a 12% rate increase for community services (4% effective in July, and 8% in January when the state minimum wage increases to $15 an hour).

In addition, the budget includes $20 million for the implementation of new rates identified as necessary to ensure quality services through the rate setting process and to support the transition of Providers into the LTSS billing system.

The DDA budget also includes:

• Funding for 541 Transitioning Youth who will complete their secondary education at the age of 21 or 22 and transition into adult supports - $6.3m General Funds / $11.4 Total Funds.
• Funding for approximately 204 people on the DDA Waiting Lists who are in crisis categories, and 38 people with the oldest caregivers who need immediate supports - $5.1m General Funds / $10.1m Total Funds and $0.7m Special Funds / $1.5m Total funds.
• Funding for approximately 37 people experiencing emergencies and need services immediately - $0.5m General Funds / $0.9m Total Funds.

The Maryland State Department of Education (MCDE) FY24 budget includes allocations that will benefit students with IDD and their families:

• $250,000 to fund the Special Education Ombudsman office to provide information and referral support to families as well as support to schools and personnel for IDEA compliance and quality enhancement.
• $31 million in the budget for the Autism Waiver for additional slots.
• $15.8 million for the Maryland Infants and Toddlers Program, a $1.2 million increase over FY23.

A Sampling of Legislative Highlights

The Fair Wage Act accelerates the increase in the minimum wage to $15 beginning January 1, 2024. To ensure Community Service Providers (like The Arc Baltimore) can raise wages to respond to the state increases, the DDA budget includes the 4% and 12% rate increases referenced above.

Special Education-Judicial Actions-Attorney’s Fees and Related Costs (HB1237) authorizes a court to award reasonable attorney’s fees and related costs to the parent of a child with a disability who is the prevailing party in a special education proceeding.

Blueprint for Maryland’s Future – Publicly Funded Full-Day Prekindergarten Enrollment and Funding (HB0770) will alter the definition of a “Tier I child” enrolled in prekindergarten to include children with a disability (and others).

Behavioral Health Care – Treatment and Access (SB0582/HB1148) establishes a commission to make recommendations to provide appropriate, accessible, and comprehensive behavioral health services. The commission will include representatives from the IDD community.

Serving Every Region Through Vocational Exploration Act of 2023 (SERVE) (SB0551) establishes a new Maryland Corps Program, which provides service placements to recent high school graduates (or those with GED or certificate of completion).

Maryland Achieving a Better Life Experience (ABLE) Program – Account Establishment – Procedures (SB0343) makes changes to the existing ABLE legislation to conform to federal law. It expands the list of people by relationship to a qualified individual, who may assist a person with setting up an ABLE account. It also increases the age of disability onset for ABLE account eligibility from 26 to 46 years old.

Division of Rehabilitation Services and Developmental Disabilities Administration – Memorandum of Understanding (HB0870) requires the Division of Rehabilitation Services (DORS) and DDA to enter into a Memorandum of Understanding that will allow them to share data and records of people with disabilities between the two entities. This will help streamline the eligibility process for a person and improve timeliness of access to services.

Maryland Developmental Disabilities Council – Establishment SB168/HB504) establishes the existing Council as an independent unit of government and no longer under the auspices of the Department of Disabilities. This gives the Council the authority to conduct and support advocacy, systems change, and capacity building efforts to promote inclusive communities and equity in services for people with IDD.

Real Property – Limitations on Summoning Law Enforcement of Emergency Services – Prohibition (SB0450 / HB0215) prohibits landlords from using a lease, or form of lease, that contains provisions that limit a tenant’s ability to call emergency services to the rented property.

A bill The Arc advocated for that did not pass was the County Boards of Education – Due Process Proceedings for Children with Disabilities – Burden of Proof. This would have required school systems to bear the burden of proof in special education due process proceedings regardless of which party brought the complaint. Although the bill did not advance, advocates will be working with the bill sponsor and committee leadership to develop solutions.

This Advocacy Update is excerpted from reports provided by The Arc Maryland, the Maryland Association of Community Services (MACS), and the Maryland Developmental Disabilities Council.

Read their full reports at:

The Arc Maryland: http://www.thearcmd.org/wp-content/uploads/2023/04/2023-Legislative-Wrap-Up.pdf

MACS: https://macsonline.org/wp-content/uploads/2023/04/2023-legislative-wrap-up-FINAL.pdf

MDDC: www.md-council.org/wp-content/uploads/2023/04/2023-Legislative-Overview-1.pdf.

Our thanks to them and the other members of the Developmental Disabilities Coalition – People on the Go, and Disability Rights Maryland – for their tireless work throughout the session.

Development Disabilities Day In Annapolis

Event Photos Fact Sheets

In February, a team of people we support, family members, board members, and staff from The Arc Baltimore joined advocates from across the state to promote policies and funding for our community. Developmental Disabilities Day in Annapolis drew hundreds to begin the day with a program and briefing.

Governor Wes Moore addressed the group with warm words of appreciation and an account of his priorities and initiatives to support our work. Additional speakers included Lieutenant Governor Aruna Miller, Secretary Beatty of the Department of Disabilities, Secretary Herrera Scott of the Department of Health, Senator Guy Guzzone, Senator Cory McCray of Baltimore City, and Delegate Guyton of Baltimore County. DD Coalition members briefed advocates on the budget and priority legislation and then dispatched all for meetings with our elected officials.

Our district teams went to 28 meetings to advocate for our agenda. Our representatives and their staff were receptive and responsive to our concerns. We appreciate their time and attention to our issues, including Senate President Bill Ferguson who personally welcomed constituents from his district, including self-advocate Tavon Hadley, who attends every year.