BALTIMORE, MD (October 15, 2024) - The Homeless Persons Representation Project (HPRP) applauds a landmark settlement between the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and Maryland Department of Human Services (DHS) to address systemic disability discrimination in Maryland’s Temporary Cash Assistance (TCA) Program. The Voluntary Resolution Agreement announced on October 10, 2024, covers all DHS programs that receive Federal financial assistance from HHS.
Over the past decade, HPRP has represented numerous families in disability discrimination complaints against DHS and identified evidence of systemic practices of disability discrimination in violation of federal civil rights laws. DHS violations caused Marylanders to experience frequent benefit reductions and terminations, which exacerbated families’ experiences of food and housing insecurity, homelessness, and contributed to poor short- and long-term health consequences. Families living with disabilities alleged that DHS:
Failed to appropriately screen individuals for disability-related services and provide accommodations;
Lacked effective methods to document, track, and monitor approved accommodations;
Lacked effective methods of communication with individuals with visual impairments, learning disabilities, and cognitive impairments;
Lacked adequate assessment process to determine whether individuals with disabilities required accommodations in the work program;
Refused to accommodate work program participants with disabilities; and
Lacked policies and procedures to assess if a disability-related accommodation should be provided prior to reducing or terminating a benefit.
“People living with disabilities have had to jump through so many additional hoops just to receive benefits needed to pay rent and purchase food for their families,” says Michelle Salomon Madaio, HPRP’s Director of Economic Justice. Kenyaree Slater, a parent who filed a complaint explains, “It is hard for people with disabilities to get benefits at the Department. They always second guess what we say and we have to go to so many doctor appointments to prove to the Department that we need an accommodation. I am happy that they will make accommodations now, but feel like that is something they should have done long ago. Better late than never.”
Under the Agreement, DHS agreed to take corrective actions under OCR monitoring for a three-year period to ensure people living with disabilities have equal and meaningful access to benefits and services, including:
Amend DHS regulations, policy manuals, grievance procedures and training materials to comply with the Agreement and federal law;
Modify DHS’ automated case record systems to identify and track disabilities, monitor accommodations, and alert staff prior to taking adverse action to reduce or terminate benefits when an individual with a disability requires an accommodation; and
Develop a comprehensive statewide assessment tool that can identify whether an applicant has a disability that impacts their participation in program requirements.
“This is a big deal. I am so grateful that they are considering people with disabilities now. Because our experiences are unique, accommodations are necessary,” said Lynnette Blackmon, parent who filed a complaint.
TCA is a critical antipoverty program that provides families with children living in poverty a modest cash benefit, about $575 for a family of two. Nearly 28,000 families receive TCA in Maryland; most are Black (67%), headed by women (86%), and have young children under age 13 (85%). In 2023, 14% of children in Maryland received TCA. Many parents apply for TCA when in crisis, after losing a job, housing, or childcare, fleeing domestic violence, and living with a disability that impacts the parents’ ability to work. TCA is often the only source of income available to families who are experiencing homelessness. For parents who can work while receiving TCA, the program includes a work requirement, education and training activities. However, the work requirement is administered in a rigid, one-size fits all way that excluded people with disabilities by not providing necessary accommodations. Another parent who filed a complaint recalled, “Many people like myself can’t work because of a disability, but were told in order to get TCA they had to work a certain number of hours per week and their benefits will be cut if they do not. I am glad the Department will now look into other ways to support people with disabilities who are applying for benefits.”
“We expect that this Agreement will finally bring DHS into compliance with the law and break down the barriers to accessing these critical benefits for people with disabilities,” said Carolyn Johnson, HPRP’s Managing Attorney.
For more information, read the OCR Press Release.
Please contact HPRP Director of Economic Justice Michelle Madaio at mmadaio@hprplaw.org with any inquiries about this story.
Comments