Proposed Rule Concerns Regarding ADT. A notice of Proposed Rule 59G-13.070 was published in the Florida Administrative Register on January 31, 2023. The Proposed Rule would eliminate jobs for individuals with intellectual and developmental disabilities currently employed, despite their jobs occurring in settings that are fully compliant with the Federal HCBS Settings Rule. This implementation would adversely affect private sector employment for those with I/DD. The objective of the Settings Rule is to provide individuals with intellectual and developmental disabilities choices and to ensure their rights and opportunities for integration. The Arc of Florida has been encouraging the State to implement the Settings Rule with the goals of CMS in mind. There is language that could be used to modify the Proposed Rule ensuring Florida is in compliance with the Federal Settings Rule, while not adversely impacting private sector employment. The question to be asked is what is the primary purpose of an ADT or “simulated work environment?” CMS does not prohibit congregate settings, does not prohibit facility-based programs, and does not prohibit people with I/DD from earning money at a learning facility. Individuals should be able to define what constitutes a meaningful day despite their disability.
Federal law prohibits “sheltered workshops” with a third-party contract in habilitation settings for the primary purpose of the production of goods and services. It is important not to confuse a “sheltered workshop” with a facility-based program that provides day habilitation (including opportunities to earn money) and/or prevocational services. Under CMS rules, individuals in prevocational training can be paid and this training can be provided in a facility-based setting. Where people choose to work varies and we should support the efforts of all to reach their highest potential based on their needs and preferences. There are many concerns that have been brought forward from clients, families, and advocates.
- Some communities do not have job openings; ADT creates jobs for our clients so they can have the satisfaction, respect and pride of working.
- Meaningful jobs are not often available in the community for people with I/DD. Many with disabilities who want to earn a paycheck to supplement their discretionary money, or to help pay their rent, will be forced into communities that are not prepared to serve or support them. In addition, many are only able to find part-time jobs in the community.
- Personal supports are not always available at an integrated workplace. Many people with I/DD deal with self-injury, aggression, inappropriate sexual behavior, bowel obstructions, skin breakdown, or incontinence.
- There is a capacity issue for those with I/DD to do the job without on-site supervision.
- There are safety concerns as individuals with I/DD often elope or become sensory-overloaded. Parents have also expressed concern that their adult child lacks critical safety skills placing them at risk of abuse, neglect or exploitation.
- People with I/DD should have the same freedoms to work remotely or in whatever environment they choose that meets their personal needs as individuals who do not have disabilities.
- Transportation to the workplace is often not available.
Everyone has an opportunity to sign up for the Proposed Rule hearing to express their concern. Register Here
