Now, more than ever, we must educate and advocate to eliminate the waiting list, raise Direct Support Professional (DSP) wages, and ensure the promise of Olmstead.
Today, Judge Allen Baddour stayed the Samantha R. decision while it is on appeal. This means the Samantha R. decision will not be in effect while North Carolina appeals it.
The Samantha R. decision had ordered an end to the waiting list, a requirement that the state ensures a sufficient DSP workforce, and for the state to enable thousands of individuals with developmental disabilities to transition from institutions and large congregate settings to the community. While there was no consensus around all the elements of Samantha R. ruling, there is widespread agreement around the waiting list and DSP wages. The intellectual and developmental disability (I/DD) community cannot wait for a final ruling.
We must continue to move forward.
The General Assembly is in session. Decisions will be made in the next several weeks on Medicaid Expansion, the budget, any increase to DSP wages, and whether new Innovations slots will be added. You can email or call your Representative or Senator by looking them up on the NC Legislative website or Open States. You can also ask for a meeting or phone call.
The top two policy priorities for the North Carolina Council on Developmental Disabilities will be to eliminate the waiting list over the next eight years and to raise DSP rates. It would take 2,000 new Innovations Waiver slots this year to begin to realistically achieve that goal at the current waiting list of 16,000. Many advocates and providers believe DSP wages must be raised to at least $18.00 an hour to ensure the robust workforce needed in the community.
The Samantha R. decision and appeal have galvanized the I/DD community at a time of unprecedented unmet need. People need services because of the waiting list and DSP workforce crises. These dual crises have developed over decades of underfunding and have become untenable due to the pandemic and inflation. The good news is that North Carolina is a wealthy state.
Working together, we can eliminate the waiting list and raise DSP wages.
Here is what you can do: