Task Force on Eliminating Subminimum Wages
Meeting summary
Jan. 9, 2024 (virtual session)
Main meeting topic
The task force heard an update on Minnesota Department of Human Services (DHS) activities since the close of the 2023 legislative session that covered which recommendations were included in the DHS omnibus funding bill. DHS also presented to the task force about what they will be bringing to the Legislature in the 2024 session.
Key agenda items
Update from the 2023 legislative session
Lesli Kerkhoff, from DHS, outlined the high-level topics of where things stand following the legislative session.
Before diving in, Lesli mentioned that Kristy Howe will be starting Jan. 10 as the new Employment First coordinator, Ryan’s former role. Lesli described her as ready to jump into the position and excited about the work.
Data strategies
Lesli mentioned there were a lot of questions around projections of what we thought the impact of this legislation would be, but now there will be an actual number that no longer will have to be inferred from other data sources. Lesli provided an update around subminimum wage tracking and the inter-agency plan, including that the E1MN data work group has identified draft measures and the plan needs to be submitted by Jan. 15, 2025.
Statewide Disability Employment Technical Assistance Center
Lesli mentioned the establishment of a statewide technical assistance (TA) center to help achieve meaningful, competitive employment in integrated settings. DHS has permanent funding and amended the Minnesota Transformation Initiative (MTI) contract through 2025.
Lesli described moving toward an open application process rather than having one that is funding based. DHS wants to align lead agencies and providers to facilitate their working arm-in-arm. DHS has one TA center supporting providers and lead agencies. MTI has been creating some amazing success stories and there are three up on their site now.
Lesli shared one of these success stories from Udac and the task force watched the video. The video described the changes that the pandemic had on Udac and how they stepped back and assessed how they provide services. The video described Udac’s shift from having clients work in a 14(c) setting to competitive employment, including other positives of employer-based work such as paid leave and vacation time. Udac described their new model as a 180-degree change in how they support people.
Lesli mentioned that those on the task force are focusing on wages, but this video also shows how community inclusion of people is increased significantly in positive ways via direct, customized employment. Lesli said people do not understand what customized employment is and expressed that the video can be a great tool to educate people about customized employment.
Interagency alignment
Highlighted what DHS learned so far. DHS is conducting a request for proposals (RFP) and the timeline is to have a contractor to support the study in place by June 2024.
Inclusive worksite
Amanda Jensen-Stahl from the Minnesota Department of Employment and Economic Development (DEED) described this inter-agency strategy, with DEED taking the lead as it focuses on business.
Amanda described steps taken, including that a contractor has looked at what other states have done and what DEED has in existing services.
Lesli mentioned that in one of the videos an individual expressed concern about the business employing them not supporting them, but we see this as a two-way street and an area for building trust.
Case manager training
Cole Sorenson from DHS described new training that will be required for all case managers. Current case managers will be required to take it by June 1, 2024. Moving forward, all newly hired case managers will need to take the training in their first 6 months.
The course is Supporting a Vision for Employment and E1MN training (SELN) and it is expected to by available for case managers in February. DHS has been working on a communication plan to get this information out there via emails, webinars, directly reaching out to case managers, and other methods.
Youth in transition
This is not directly related to the past legislative session, but DHS wanted to provide an update on a framework developed to improve statewide services. This framework will include shared principles, best practices, and expectations around participation.
Update on regional collaboration, including bringing together case managers, school district representatives, and others. The regional collaboration meeting series will provide an opportunity to review how services are being provided and where things could be improved.
Benefits planning
Beth Grube with DHS described the work strengthening informed choice by ensuring waiver case managers offer all working-age people with disabilities benefits planning assistance and supports to understand work incentives and the impact of work on their benefits.
Beth said that through the work of the task force, benefits are still a large area where there are questions, and that there is a need for benefits planning, as it a part of Waiver Rehabilitation Services and Vocational Services.
Beth described a benefits planning toolkit available on the agency strategy page. Beth mentioned the creation of a benefits planning learning community, with a sign up for a monthly newsletter.
Beth said the Medical Assistance for Employed Persons with Disabilities (MA-EPD) now allows people to keep their medical assistance (MA) with no upper asset limit, allowing people to save. There is still an issue of people turning 65. If they go off MA-EPD and move over to MA, they have a 12-month window but then the regular $20,000 MA limit applies. Beth mentioned another change, that counties need to inform those on MA that are eligible for MA-EPD of their eligibility for MA-EPD at least once per year.
Chat question from Brittanie: will the resources be available in other languages? Beth says this in in the works.
Lead agency capacity building
This discussion covered the establishment of grants to expand lead agency capacity to support people with disabilities to contemplate, explore, and maintain competitive integrated employment options.
DHS is working on the objectives for the grant and what will make it attractive for lead agencies and what the expectations are around the grant.
Task force engagement activity
Beth recognized that what the Legislature passed in 2023 in large part came out of the recommendations of this task force. Beth requested each task force member share one to two data outcomes they would like to see from lead agencies, asking, “What are the outcomes and measures we would like to see, such as the number of people in subminimum employment decreasing? What would we like to see as part of these grants to counties and how they can help?”
Amanda Jensen-Stahl: I would like to see waiver case managers and lead agency staff understand how waiver and VR and education services work together.
Jonah Giese: I don’t know how this is tracked, but I’d like to track how there is good coordination between the state agencies doing this work, possibly through longitudinally tracking those participating in the program.
Larissa Beck: Tracking of success stories so there is a resource when having conversations with individuals and families.
Chris McVey: Similar to Amanda, I’d like to see the counties coordinate and resolve issues that we see on the VRS side and when there are challenges knowing who an individual case manager is, for example.
Jon Alexander (Alex): Getting to the practitioner level, getting service authorization in a timely manner from case managers.
Lori Schluttenhofer: If we can collect data that we are improving the multiple handoffs that happen in E1MN so we have something measurable and minimize the instances of hurrying up and waiting.
Andrea Zuber: I’m hearing it is really inaccessible for folks to move into employment due to all the handoffs in E1MN and they require a lot of collaboration across state agencies and with case managers.
Heidi Hamilton: Case managers' attitudes toward employment and making sure they are talking with families early and often about employment. We need to consider equity and look at what the racial breakout is of those being employed.
Sara Ellstra: Knowing, once this goes into effect, how we can locate, identify and track those who are not complying.
Brittanie Hernandez-Wilson: We know there is an overall gap around employment around race and gender, but I’d encourage us to look beyond binary male-female. I’d like to see those involved be sure they are explaining things in plain language.
Jillian Nelson: I’d like to see things presented in a way that changes the framework to valuing people as people, valuing strengths, stepping away form the bureaucracy and seeing people as people.
Heidi Maghan: Agrees with much that has been mentioned. Need for understanding of contract work at minimum wage and taking that a step further to looking at career. Also, looking at individuals who live in ICS and understanding that they still can be employed and they are missing out on that opportunity.
Debbie Luther: We are seeing so much change in case managers, sometimes as county contracts change. Individuals aren’t getting consistent case managers and consistent information. I don’t know of data points around this though. I’d like to see more consistency from counties when these changes occur.
Upcoming legislative session
Charles Young introduces himself: legislative coordination within the disability services division at DHS.
The Minnesota Constitution requires budget to be set every two years and many recommended areas from the task force were implemented and included the 2023 session. The 2024 session is meant to be a policy year, not a budget year, but Minnesota Management and Budget (MMB) did mention in their November update there is a surplus. The longer-term MMB forecast does foresee a longer-term deficit. It will be an interesting session, with potential for some short-term spending, but unlikely to have much, if any, long-term spending.
One of the areas that did not pass from the governor’s proposal last year was the end to passing out 14(c) certificates. We are working on a proposal for 2024 for a phase-out of 14(c) and changes to Minnesota Statutes 177.24. We plan to take it a step further and include the same changes to home and community-based services to eliminate confusion. Aug. 1, 2028, phase-out date is in the proposal. All of this is tentative. Even if it is included in the governor’s bill, it still needs to make it through the Legislature. It has not yet officially been included in the governor’s proposal. Once we get further along and session starts, we will know if it is in the governor’s package. But even if it is not, it could be picked up and supported by a legislator.
Jon: Does the change to the home and community-based waiver need to go through the Legislature? Massachusetts has recently made that change without going through their Legislature.
Charles: I believe so and that is our position so far, but that is good to know.
Jillian: As a task force, we appreciate and thank DHS for their work alongside the task force and taking the task force's recommendation into consideration.
Final task force meeting
Tuesday, March 12, 2024, 10-11:30 a.m. on Zoom.
Jan. 9 participants
Task force members:
Others:
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