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2017 Maryland Code
Health - General
Title 7 - Developmental Disabilities Law
Subtitle 10 - Rights of Individuals
§ 7-1012. Plan to phase out authorizations to pay less than minimum wage [Subject to repeal effective October 1, 2021].
Universal Citation: MD Health-Gen Code § 7-1012 (2017)
- (a) In general. -- The Administration and the Department of Disabilities, in partnership with relevant State agencies, including the Department of Commerce, the State Department of Education, and the Division of Rehabilitation Services, shall develop and implement a plan to phase out on or before October 1, 2020, authorizations under § 3-414 of the Labor and Employment Article to pay an employee with a disability less than the minimum wage otherwise required for the employee under Title 3, Subtitle 4 of the Labor and Employment Article.
- (b) Contents. -- The plan developed and implemented under subsection (a) of this section shall include:
- (1) Benchmarks and desired outcomes for each year of the phase-out;
- (2) A list of the resources necessary to ensure that individuals with disabilities receive support according to the needs and preferences of the individuals and in an integrated setting, regardless of the nature or severity of the individuals' disabilities;
- (3) Application for and use of all federal and State funding programs, including programs available under Medicaid waiver amendments and resources under the Workforce Innovation and Opportunity Act, to assist individuals with disabilities to obtain competitive, integrated employment; and
- (4) The tracking of outcomes of individuals with disabilities on the basis of:
- (i) Wages;
- (ii) Unemployment rates;
- (iii) The number of individuals who move from subminimum wage positions to competitive, integrated employment; and
- (iv) The number of individuals who move from subminimum wage positions to nonpaying activities.
- (c) Engagement of statewide organizations representing those impacted by phase-out. -- In implementing the plan developed under subsection (a) of this section, the Administration and the Department of Disabilities shall engage statewide organizations, including the Maryland Developmental Disabilities Council, and provider and family statewide advocacy organizations representing those impacted by the phase-out.
- (d) Submission deadlines for plan; reports. --
- (1) On or before October 1, 2017, the Administration and the Department of Disabilities shall submit the plan developed under subsection (a) of this section to the Governor and, in accordance with § 2-1246 of the State Government Article, the General Assembly.
- (2) On or before October 1, 2018, 2019, and 2020, the Administration and the Department of Disabilities shall report to the Governor and, in accordance with § 2-1246 of the State Government Article, the General Assembly on:
- (i) The benchmarks and status of achieving the outcomes included in the plan under subsection (b)(1) of this section; and
- (ii) Recommendations for funding levels or other resources necessary to implement the plan developed under subsection (a) of this section.
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