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ENABLING LEGISLATION

The Maryland Department of Disabilities
Statutory Overview of SB 188

Note:  The statute is found in Title VII of the Human Services Code:  Subtitle 1 - (Department of Disabilities) & Subtitle 4 - Attendant Care Program
 

On Tuesday, May 11, 2004 SB 188 was signed authorizing the creation of the Maryland State Department of Disabilities (MDOD). The mission of MDOD is to empower individuals with disabilities to achieve their personal and professional goals in communities where they live.

The enabling legislation articulated through its preamble the intent of the Administration and the General Assembly in the creation of the Maryland Department of Disabilities (MDOD):

Individuals with disabilities should be empowered to achieve their personal and professional goals in the communities where they live;

Individuals with disabilities can live independent, productive, and full lives in their communities when provided with the right support, training, and opportunities;

It is desirable to infuse service delivery systems with elevated expectations about the capacities of people with disabilities;

It is desirable to increase the capacity of Maryland communities to provide services and support in inclusive settings;

It is desirable to create accessible and universally designed communities and technology, which promote the independence and participation of people with disabilities; and

It is the intent of the State of Maryland to construct a seamless, responsive, and coordinated service delivery system in which consumers can exercise meaningful choices and maintain control over their lives.

This summary reviews the codified sections of the statute, clarifying the duties, roles, and work of the Maryland Department of Disabilities. Click the link titled "Enabling Legislation" for a full version of SB 188.

Duties of the Secretary of MDOD shall

• Develop guidelines and procedures for MDOD operation (7-106(a))
• MDOD budget (7-113(a))
• Rules & Regulations for State Plan (7-110(a))
• Develop, maintain, revise, enforce disability policy throughout government (7-113(c)(2))
• Advise the Governor on the means and methods to fund and implement the State Plan (7-114(a) 2 (1) 1); modify or consolidate services (7-114(a) 2 (1) 2); and ways in which the State can collaborate with local and regional government (7-114(a) (2) (1) 3)
• Recommend to the Dept. of Budget & Management capital projects (7-114(a) 2 3 (ii))
• Assist units of State government to identify funding (7-114(a) (2) 3 (iv))
• Provide technical assistance to local government (7-114(a) (2) 3 (iv))
• Provide technical assistance to units of State government (7-114(a) (2) 3 (iv))
• Review State Plan (7-113(e) (2))
• Amend State Plan as warranted (7-113 (e) (2))
• Present State Plan to Governor and legislature by 10/1 of each year (7-113(f))

Units of State Government shall

1. Submit proposed rules and regulations to MDOD accompanied by an impact statement as the proposed rule or regulation relates to people with disabilities (7-113(c)).
2. Submit to MDOD all disability-related waivers and grants for DOD's concurrence (7-113(d))
3. Submit to MDOD any requested information needed to develop the State Plan (7-115).

State Plan

1. By July 1 of each year each unit of State government shall develop a unit plan that includes an implementation schedule and measurable objectives for any services provided to people with disabilities (7-116(a) 1-2)
2. By July 1 of each year each unit of State government shall provide an evaluation of the prior year's plan that assesses their attainment of their objectives. Evaluation criteria should include levels of consumer satisfaction, gaps in services, wait list numbers, and progress made on plan (7-116 (a -c))
3. Shall provide for the coordination of services that assure compliance with ADA, Olmstead and are necessary for maximum participation in the mainstream of community in the most integrated setting possible
4. Shall address the statewide improvement of self-directed long-term and attendant care; housing; transportation; somatic and mental health; accessible and universally designed technology; and support services for families
5. Shall assess resources and provision of supports

Commission on Disabilities (7-119-124)

1. Individuals appointed to the Maryland Commission on Disabilities will work under direction of the Secretary of the Maryland Department of Disabilities to advise and provide guidance in the development of the State Disabilities Plan.
2. Sixteen members are appointed by the Governor. Two are appointed by the General Assembly. Two are appointed from the Interagency Disabilities Board (State Government) by the MDOD Secretary.

Interagency Disabilities Board (7-127-131)

1. Shall develop the State Plan
2. Consists of the Cabinet Secretaries or their designees
3. Is charged with providing ongoing examination of the state's services to individuals with disabilities to ensure equal access to services and resources; facilitating the development of performance objectives that will result in a comprehensive, effective, efficient, and integrated service delivery system; developing an interagency funding approach to maximize efficiencies and streamline access to services; formulating policies on legislative issues; and developing the State Disabilities Plan. 

Attendant Care Program   

1. There is an Attendant Care Program in the Department that shall provide financial assistance to eligible individuals for attendant care services in accordance with a sliding payment scale that the Department establishes by regulation (7-402(a))
2. The Secretary shall designate an individual from the Department to serve as director of the Program (7-403(a))
3. Participation in the program (7-404)
4. The Program shall be funded as provided in the State budget  and the Department may administer the Program directly; or enter into a contract with a private organization to administer and operate the Program (7-405)

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