IDR Responds to Proposed Amendments to the Health & Wellness (H&W) Waiver
IDR submitted comments to the Division of Disabilities and Rehabilitative Services (DDRS) on January 24, 2025, in response to proposed amendments to the Health & Wellness (H&W) Waiver. As IDR has noted in previous public comments, it has concerns about DDRS's cultural competency to serve and meaningfully engage the H&W Waiver's population given that its previous programming and messaging have been aimed primarily at Hoosiers with intellectual disabilities. Relatedly, IDR raised concerns about the restrictions that DDRS plan to impose or maintain, such as continuing to mandate case management services for all participants and requiring self-directed attendant care providers to register and train with the Family and Social Services Administration (FSSA) (despite the fact that they must also be trained by the self-directed participant). IDR also expressed concern about the proposed reserved capacity for H&W Waiver participants residing in assisted living facilities, particularly given FSSA's lack of transparency regarding its assessment of settings under the federal Home and Community-Based Services Settings Rule.
Read IDR's letter to DDRS here.
IDR Supports the U.S. Department of Labor's Proposal to Phase Out 14(c) Certificates
On January 16, 2025, IDR submitted comments supporting the U.S. Department of Labor's (DOL's) proposed regulatory amendments to phase-out the issuance of certificates under Section 14(c) of the Fair Labor Standards Act. Currently, employers may apply for such a certificate, which grants the employer permission to pay certain workers with disabilities less than the minimum wage. After conducting an extensive analysis, the DOL has determined that the certificate program, which was created in 1938, is no longer needed to ensure that people with disabilities are employed. IDR's comments agree with the DOL's conclusion that certifying employers to pay subminimum wage is no longer needed to get people with disabilities hired, as well as proposal to give states and employers up to three years from the final rule's publication to transform their operations to ensure that people with disabilities receive needed support and services to obtain and maintain competitive integrated employment and, once hired, earn the minimum wage or more.
Read IDR's letter to DOL here.
IDR Asks Agencies to Clarify Regulatory Service Provider Fine Language
In December 2024 and January 2025, IDR submitted public comments about regulatory service provider fine language proposed by the Division of Aging (DA) and Bureau of Disabilities Services (BDS), respectively. IDR expressed support for the agencies' apparent plans to hold service providers more accountable for noncompliance. At the same time, IDR also noted concerns about: the lack of detail regarding how fines will be assessed, in what amount, and by whom; overly broad mitigating measures to reduce fine amounts; and how fine revenue will be used to benefit the quality of services that DA and BDS clients, respectively, receive. Additionally, IDR questioned why the rule proposed by BDS appears to cover only supported group living providers rather than all providers under BDS's authority.
Read IDR's letter to Bureau of Disability Services regarding fine rule.
Read IDR's letter to Department of Aging regarding fine rule.
IDR Urges Governor Holcomb to Grant Clemency
Indiana Disability Rights urges clemency for Joseph Corcoran, who is scheduled to be executed on December 18, 2024. Mr. Corcoran has been diagnosed with serious mental illness, and there is reason to believe that he lacked competency throughout his criminal prosecution. IDR opposes the death penalty for individuals with serious mental illness, and executing Mr. Corcoran, when there are questions concerning his competence, risks a serious miscarriage of justice. IDR sent a letter to Governor Holcomb on December 9 supporting clemency for Mr. Corcoran.
UPDATE: Senator Wyden Urges DOJ to Investigate Youth Residential Treatment Facilities
On October 9, 2024, following the receipt of public testimony and written comments (including those from IDR), Senator Ron Wyden urged the Department of Justice to investigate four of the nation's largest private youth residential treatment facilities for civil rights violations and fraud. The investigation may affect five providers in Indiana. Read more about IDR's involvement below.
Statement to the U.S. Senate Finance Committee Regarding Youth Residential Treatment Facilities
The U.S. Senate Finance Committee heard testimony about the status of youth receiving treatment in residential facilities at a June 12, 2024,hearing. The Managing Attorney at Disability Rights Arkansas, IDR’s counterpart in that state, was among the experts invited to deliver in person remarks. IDR provided a written statement to the Committee record, highlighting findings from its five-year private secure facility monitoring project. In particular, IDR shares details about: inadequate education services; the inappropriate use of restraints; insufficient and unsafe living environments; insufficient staffing; the deficit of leadership; and ambiguity regarding accountability and oversight of youth residential treatment facilities. Importantly, the statement also suggests how the Committee and state policymakers can address these issues.
See images of IDR's findings during the private secure facility monitoring project.
Comments About the BMV’s Proposed Amendments to Driving Skills Test Rules
On July 23, 2024, IDR submitted comments in response to the Indiana Bureau of Motor Vehicles’ (BMV’s) proposed changes to the way new drivers are tested. Specifically, IDR is concerned that test administrators would be required to fail a driver who does not keep “both hands on the wheel.” In other words, the proposed rule neglected to consider drivers with disabilities, who may lack two hands or use alternatives to the traditional steering wheel but can safely operate a vehicle. For that reason, IDR suggested that the BMV amend the proposed rule by adding language about reasonable accommodations.