There is a new effort underway in Congress to do away with rules that allow employers to pay people with disabilities less than minimum wage.

A bill recently introduced in both the U.S. Senate and the House of Representatives would put an end to what’s known as subminimum wage.

Under a law dating back to the 1930s, employers can obtain 14(c) certificates from the Department of Labor allowing them to pay people with disabilities less than the federal minimum, currently $7.25 per hour. Workers who are paid at a lower rate are supposed to be compensated based upon their productivity level compared to that of someone without a disability.

There has been a push in recent years to outlaw subminimum wage, with critics saying that the system is exploitative and leaves some people with disabilities earning just pennies per hour. On the flip side, however, there are families and advocates who say that the wage system still plays an important role, particularly for those with severe disabilities who benefit from having a sense of purpose in an environment where they are surrounded by peers.

In recent weeks, we have covered the news reports on Hacienda HealthCare, an Arizona facility where an intellectually disabled woman in a near-coma was raped and gave birth. The arrival of the baby came as a complete surprise to the woman's caregivers.

Below are links to two articles covering the response by the Governor and the Legislature in trying to improve the state's laws and systems of oversight.

Gov. Doug Ducey asks Arizona Attorney General Mark Brnovich to investigate Hacienda HealthCare

Arizona bill would add more state regulation to facility where patient was raped

An attempt to revive proposed legislation to prevent the planned closure of Central Virginia Training Center was defeated last week.

A separate bill to change the definition of a training center in hopes of preventing further transfers of CVTC residents to a Petersburg facility against their will passed the Senate on a 39-1 vote Feb. 1.

Sen. Mark Peake, R-Lynchburg, had introduced Senate Bill 1071 aimed at keeping CVTC, which serves residents with intellectual and developmental disabilities, operating in some capacity as it planned to close by June 2020 in accordance with a settlement agreement with the U.S. Department of Justice.

The Madison Heights center has just more than 60 residents still there, according to Peake. On Jan. 30, the Senate Finance Committee voted unanimously to reject the bill, though Sen. Steve Newman, R-Lynchburg, a co-sponsor of the bill and an advocate for keeping CVTC open, was not in the room when the vote was taken.

A bill making its way through the Oregon State Legislature could potentially leave hundreds of developmentally disabled Oregonians without services, according to advocacy groups.

Senate Bill 19, introduced earlier this month looks innocuous on its surface, calling for licensing of all adult foster homes and stepping up mandatory reporting requirements, but language tucked away on page 12 of the bill proposes changing the state's definition of an intellectual disability.

Currently, people with an IQ below 75 are considered by the state to be intellectually disabled.

The bill proposes changing that standard to an IQ below 70, meaning people with IQs between 71 and 75 could no longer qualify for state benefits.

"Our proposal was really to give us some more flexibility around more detailed aspects of what is in statute," Lilia Teninty, Director of the Office of Developmental Disability Services said while testifying in support of the bill to the Senate Committee on Human Services.

California has been transitioning from residential to community-based care for people with developmental disabilities, with the state expecting to see substantial cost savings. While Gov. Gavin Newsom’s budget proposal diverts that money to pay for other state programs, myself and other legislators want to provide a secure source of funding for some of the most vulnerable people in the state. We are calling on the governor to support Californians with developmental disabilities and their caregivers by permanently dedicating savings from the closure of developmental centers to increase pay for service providers.

Newsom’s first budget proposal would provide caregivers for Californians with developmental disabilities a minimal funding increase, while counting $21.6 million in “savings” from the closure of developmental centers. With a statewide surplus of more than $21 billion, there is something seriously wrong with the state’s priorities if we can’t find room in the budget to care for this vulnerable population.