Workplace Personal Assistance Services and Supported Employment: Service Supply and Quality Susan Stoddard, PhD, FAICP for AcademyHealth Disability Research Interest Group June 29, 2010 Boston WPAS & SE InfoUse This work was supported by the National Institute on Disability and Rehabilitation Research (NIDRR): Rehabilitation Research and Training Center on Personal Assistance Services PASCENTER (University of California San Francisco and InfoUse) Rehabilitation Research and Training Center on Vocational Rehabilitation (UMass Boston Institute for Community Inclusion and InfoUse) WPAS & SE InfoUse “…PAS is part of the accommodation spectrum, and there is currently a growing awareness of the needs for PAS at work.” Center on an Aging Society, Issue Brief: Workers Affected by Chronic Conditions: How can workplace policies and programs help? Georgetown University www.aging-society.org WPAS & SE InfoUse Objectives • Definitions • Understand personal assistance services in the workplace (WPAS) and how it differs from Supported Employment (SE) • The Policy Context • Use of SE and WPAS in Vocational Rehabilitation • Findings on use of WPAS including examples of employer practice WPAS & SE InfoUse Definitions: PAS, WPAS PAS is defined as “a range of services provided by 1 or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability.”Ticket-to-Work and Work Incentives Improvement Act of 1999 Workplace Personal Assistance Services (Workplace PAS) include taskrelated assistance at work, such as readers, interpreters, help with lifting or reaching, re-assignment of non-essential duties to co-workers, and other help related to performing work tasks and personal care-related assistance such as helping someone with toileting, eating, or drinking while at work.From the Center for Personal Assistance Services at University of California, San Francisco. WPAS & SE InfoUse SE: DD Act Definition • Supported employment evolved as an alternative to sheltered employment. • 1984 amendment to the Developmental Disabilities Act. In the DD Act, supported work is – paid employment for persons with DD for whom competitive employment at or above minimum wage is unlikely, and who, because of their disability, need intensive, ongoing support in a work setting: – Is conducted in a variety of settings, particularly in settings where persons without disabilities are employed – Is supported by any activity needed to sustain paid work by persons with disabilities, including supervision, training and transportation. WPAS & SE InfoUse SE: Rehab Act Definition • 1986 reauthorization of the Rehabilitation Act – In the Rehabilitation Act, Supported Employment means competitive work in integrated work settings, or employment work settings in which individuals are working toward competitive work, consistent with the strengths, resources priorities, concerns, abilities and choice of the individuals, for individuals with most significant disabilities, • for whom competitive employment has not traditionally occurred, • or for whom competitive employment has been interrupted or intermittent as a result of a significant disability, or – Certain transitional employment (e.g. for individuals with disabilities due to mental illness) WPAS & SE InfoUse Distinctions between WPAS and SE • (source: Wisconsin Department of Human Services) • Distinguishes between personal care assistance and personal performance – Personal care assistance is needed regardless of if at home, at work elsewhere (e.g. eating, toileting) – Personal performance assistance (what we have called task-related assistance) involves help with job tasks in partnership with the employee WPAS & SE InfoUse Difference between Job coaching and WPAS (From Wisconsin Department of Human Services) • Job coaching involves training and instruction so that people learn to perform the job tasks independently • Job coaching is intended to be time-limited and faded out over time • If ongoing work support is needed, they need WPPAS not long-term job coaching • WPPAS involves partial assistance with the completion of specific tasks; there is not the expectation that the employee will be able to perform all the aspects independently. WPAS & SE InfoUse WPAS services include: 1. Work task related assistance ex. readers, interpreters, help with lifting or reaching, re-assignment of non-essential duties to co-workers, etc. 2. Workplace personal care related ex. helping someone to access the restroom, eating, or drinking while at work, etc. Formal PAS is provided by a person who is paid. Informal PAS is provided without pay by a family member, friend, co-worker, volunteer, etc.. WPAS & SE InfoUse Examples of workplace personal assistance services • Readers, interpreters • A family member coming into the workplace to assist an employee with lunch • A co-worker filing forms for the employee • A co-worker reading daily memos to the employee • A person paid by the employer to travel with the employee on a business trip • Communication Access Real-time Translation (CART) during employee training WPAS & SE InfoUse Not workplace PAS • Help getting dressed and ready for work • A volunteer providing transportation to and from work WPAS & SE InfoUse Workplace Accommodation of People with Disabilities Need Receive accommodation accommodation Overall 15.6% 12.2% PA for job tasks 1.1% 0.7% Reader or interpreter 0.2% 0.1% Job Coach 0.6% 0.6% Zwerling et.al.(2003), Workplace Accommodations for People with Disabilities: NHIS-D 1994-1995, JOEM, V. 45, Number 5, May 2003 WPAS & SE InfoUse Tracking changes in workplace PAS policy • An Accommodation Under the Americans with Disabilities Act • State Medicaid Infrastructure Grant (MIG) and Waiver Funding • State Vocational Rehabilitation Agency Direct Funding WPAS & SE InfoUse ADA • Covers employers with 15 or more employees • Covers applicants and employees if they meet the ADA definition of disability and they are qualified for the position • ADA specifically excludes personal care PAS from the employer responsibility Silverstein, R. (2003). Policy Brief: The Applicability of the ADA to Personal Assistance in the Workplace. Boston, MA: The Institute for Community Inclusion. While the ADA specifically addresses task related assistance on the job some people need both task and personal assistance to succeed in the workplace. WPAS & SE InfoUse Medicaid Infrastructure Grants (MIG): Ticket to Work and Work Incentives Improvement Act of 1999 Encourages states to adopt the option of allowing individuals with disabilities to purchase Medicaid coverage that is necessary to enable such individuals to maintain employment. (“Buy-in”) For instance, in California, they have changed the rules for using InHome Support Services hours, to allow use of hours at work. (but did not increase the hours) TWWIIA definition is broader than the ADA language: “a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services shall be designed to increase the individual’s control in life and ability to perform everyday activities on or off the job.” WPAS & SE InfoUse Services reimbursable under Medicaid • Medicaid state plans and waivers generally fund personal care services (ADLs, IADLs) • Job-related tasks may fall within the employer’s responsibility • Utah EPAS program: uses ADL and IDL definitions for guidance in distinguishing between reimbursable and non-reimbursable services. EPAS is assistance with personal tasks at work vs assistance with purely workrelated tasks. WPAS & SE InfoUse State Vocational Rehabilitation Program •Supported Employment Services are more established. In 2008, 39,000 of the 356,000 VR agency consumers exiting after a plan for service (11.9%) had supported employment goals. •18.1% (64,194) received on the job support services including job coaching •But only .3 % of consumers received either PAS services or reader services. 1.3% received interpreter services (and we don’t know if these services were at work or at home) Over 64% received counseling and guidance. WPAS & SE InfoUse SE in VR • The Community Rehabilitation Providers system is much more established for SE services • Separate funding is identified in the Rehabilitation Act for SE • State agencies are required to report on plans for SE in their State Plans • WPAS on the other hand is simply one of many possible services that could be provided • Some SE CRPs may provide WPAS WPAS & SE InfoUse PASCenter findings about WPAS in the workplace: Phone Interviews • 21 Employers • 19 Employment service providers including Community Rehabilitation Programs (CRPs) • 20 PAS users WPAS & SE InfoUse PAS at work may be requested.. • At time of hire • At return to work after injury or illness • Change in abilities of the worker (aging, injury, illness • Note: Employers are limited in the ability to ask about need for accommodation as a part of interviewing or reviewing WPAS & SE InfoUse • Attitudes and processes can inhibit accommodation requests – “If (my) needs change I go back to HR. I would feel uncomfortable to go to co-workers continually if my situation got worse.” – One person whose needs changed said of her new PA, “I’m not about to ask them (the employer) to pay her. I pay her $50/week out of my pocket extra.” WPAS & SE InfoUse Organization response to employee request • Centralized processes – More formal, but removes cost disincentive for supervisor rated on budget goals. – Human resource office – “Diversity consultant” • Decentralized processes – With immediate supervisor or other work unit manager – More informal, more immediate, but may be intimidating, may cause barriers to requests. • “Affinity Groups” of employees with common interests or needs. WPAS & SE InfoUse • An organizational “diversity consultant” described the process: “An employee comes to me for an accommodation. I acquire what is needed. For example, in one case I billed VR. In other cases, I asked the tool shop to create the needed accommodation. In the case of people needing JAWS screen-reading software, I purchased it.” WPAS & SE InfoUse Those most likely to receive accommodations: College grads, older workers, Full-time workers, and self-employed workers WPAS & SE InfoUse Arranging different types of PAS • Task-related assistance - companies are very familiar with this; arrangements generally follow ADA • Personal care - companies not aware of these needs and they generally do not arrange at all, leaving employee to arrange WPAS & SE InfoUse Arrangement Examples PAS negotiated in employment contracts Arranged in return to work negotiation Arranged for PAS when agreed to telecommuting Arranged for 2 hours/day (but not flexible enough to connect with task needs) • Conference call with employer, ILC, VR • • • • WPAS & SE InfoUse Employee Strategies for Arranging Personal Care • Personal assistants that multi-task: e.g. Full time assistant who does personal care plus work tasks (filing, setting up materials) • Personal care only when traveling • Personal care only as informal co-worker support • Family member (sister) provides care and secretarial work (arranged with employer) • Works at home and husband provides accommodations (unpaid) WPAS & SE InfoUse How is workplace PAS paid for? • Combination of employer pay and personal pay (one or the other or both) • Blue Cross (Medical insurance) • 250% program (Working Disabled Program) allows public payment for PA hours • Keep income, hours low enough to stay on public payments WPAS & SE InfoUse Hours and Costs • The 20 WPAS users reported an average of 49.1 paid hours of PAS, including 17.3 hours of paid WPAS. They used an additional 15.5 hours of unpaid PAS, and 6 hours of unpaid WPAS. • Average personal cost was $148 per week, with a range from 0 to $500 for PAS, and $34.50 average for WPAS (range 0 to $250 per week) WPAS & SE InfoUse Who pays? • Most used more than one source of payment. – – – – 11 reported that employers paid for WPAS, 7 reported Medicaid payment, 15 used some public benefits, 10 reported personal payment and of these 8 also used other sources. – One user’s PAS is paid by Blue Cross, another by a state grant. WPAS & SE InfoUse Written policies? • Some employers have written policies regarding AT and PAS, others do not • AT processes more developed than PAS processes. Many PAS processes follow those established for AT. • Case by case basis only. Go to a specialist who would determine need, solution WPAS & SE InfoUse Co-workers • Lack of understanding sometimes. Complain that the PA isn’t doing enough work. • Resentment of assignments to provide care or assistance • Lack of back-up in informal care arrangements • Need for awareness training for co-workers (or worker may be blamed for such things as irregular paratransit schedules, need for breaks,etc.) WPAS & SE InfoUse Barriers • • • • • • • • Perceived costs to employer Perceived costs to work unit Risk/insurance, especially for personal care Co-worker and supervisor attitude Employee attitude and preparation Waiting time for accommodations Space needs for additional person Security clearance requirements WPAS & SE InfoUse Promising practices case studies: Criteria • has been in place for at least six months • has made a difference in either hiring or retaining workers with disabilities • transferable to other organizations • consumer-sensitive: – easy for the worker to request the assistance needed – provides for consumer self-determination WPAS & SE InfoUse Case Studies • Seven case studies of promising practices in WPAS have been published on the PASCENTER website – Support Services Assistants - California Department of Rehabilitation – Outsourced PAS to a qualified agency - Connecticut Bureau of Rehabilitation Services – Shared PAS - Granite State Independent Living – Security Clearance for PA - Horizon Air Industries, Inc. – Multi-disciplinary support team - Large multifaceted financial services company – Orientation with PAS - Microsoft – Pool Program of Full-time Equivalent Holds - Social Security Administration WPAS & SE InfoUse Support services assistant: California Department of Rehabilitation • Shared services • Position in State Personnel Board classification system since 1978 • Any employee who needs work-related accommodation is eligible for an assistant • Services routinely provided to people in a wide range of job classifications at all levels WPAS & SE InfoUse Outsourced PAS to a qualified agency: Connecticut Bureau of Rehabilitation Services • Non-profit agency recruits, hires, trains, places and schedules the PAs (functions as a staffing agency) • PAs provide task-related and personal-care related PAS, but not medical tasks • PAs receive benefits including medical, dental, pension plan, and the vacation and sick benefits are at the same level as state employees. WPAS & SE InfoUse Shared PAS: Granite State Independent Living Center • Full time staff position providing task assistance and personal care • Shared by employees with disabilities • PAS provision is the priority for this position, which also provides clerical work • Eliminates waiting time for arranging a personal PA • Cost-effective since the position is shared WPAS & SE InfoUse Security clearance for PA Horizon Air Industries Inc. • Need for security clearance in the workplace is a barrier for a person using a PA • PA can assist employees in restricted areas if the PA has a security clearance • PAs go through the same clearance process as outside contractors such as food service, cleaning, etc. WPAS & SE InfoUse Multidisciplinary support team: (Large financial services company) • Work accommodation program supports stay-at-work and return-to-work • Multidisciplinary work accommodations group of ten: occupational health nurses, vocational rehabilitation consultants, mental health specialists, Human Resources professionals, and an intake coordinator. • Provide a variety of PAS including interpreters, readers • Over 2,000 work accommodations annually including assistive technology, reassignment of marginal job tasks, flexible schedules. WPAS & SE InfoUse Orientation with PAS: Microsoft • Orient new or relocated employees with blindness/visual impairments to workplace and home environments • Services arranged by experienced diversity specialist with ongoing relationships with community providers, enabling immediate implementation • PAS is contracted though independent contactors • Funded by central accommodations fund, eliminating cost disincentives in individual departments WPAS & SE InfoUse Pool program of “FTE Holds”: Social Security Administration • Pool of job slots, “FTE Holds,” paid centrally • Job slots assigned to local offices to hire and provide PAs • May be shared • Renewable, time-limited appointments with benefits • Work related tasks, some personal care • 244 assistants assist 363 employees (2.3% of the SSA workforce) with severe disability: 165 readers, 68 Pas, 11 interpreters. • Also assist visitors and do general office work WPAS & SE InfoUse Future directions • Expand the provision of WPAS through CRPs and other providers • Include WPAS services in purchasing codes • Expand sources of funding for WPAS • Educate employers on cost-effective examples of providing WPAS as a work accommodation • Explore trade-off between WPAS,SE and AT • Foster organizational cultures that support diversity • Nurture informal WPAS through a culture of partnership and support WPAS & SE InfoUse Partnership and flexibility • It is important for employees and employers to work in partnership to find workplace accommodation solutions. Rather than an adversarial situation where an employee might demand an accommodation, the best solutions can come where both employee and employer contribute to the solution. By not limiting the solutions to minimum legal requirements but going “beyond the ADA,” providing personal care solutions may be possible. (from remarks by Sharon Rennert, US EEOC, 9/15/05) WPAS & SE InfoUse Contact Information: Susan Stoddard, PhD, FAICP InfoUse Sustoddard@gmail.com www.pascenter.org WPAS & SE InfoUse