State of Wisconsin Department of Health Services Scott Walker, Governor Linda Seemeyer, Secretary August 21, 2017 Patricia DeLessio I Attorney at Law LegalAction of Wisconsin 230 West Wells Street, Room 800 Milwaukee, WI 53203 Dear Ms. DeLessio, The Wisconsin Department of Health Services (DHS) received your letter dated July 3, 2017. DHS appreciates your interest in the- Food?Share Employment and. Training Program (FSET). This response addresses the clari?cations requested in the July 3 communication. Able?Bodied Adults Without Dependents (ABAWD) and Job Search Per DHS policy in FSET Handbook 1.4.1 FSET workers may only assign ABAWDs to employment search activities for less than half of their total required hours (9 hours per week, 39 hours per month). DHS completed a case review of 30 ResCare participants enrolled in May 2017. No ABAWD who was meeting their work requirement through FSET was assigned to more than 9 hours. employment search per Week. A case review conducted by DHS reveals that ResCare is in compliance with the Federal regulations and state policy. This requirement is routinely emphasized in DHS trainings and vendor meetings. It should be noted that the restriction on employment search activities does not apply to exempt ABAWDs or Assessments ResCare uses the barriers screen in the FSET Tool to assess a participant?s ability to enter the workforce and determine the activities that would assist the. individual in obtaining employment. ResCare also offers the Woo-found Interest. Inventory which is a self?administered screening tool to participants to assist in exploring career paths. ResCare?s Road Maps to Success focuses on helping participants identify career assets in their life, set employment goals, and identify skills. ResCare Academy also has courses on vocational interest exploration. DHS also covers technical assistance topics at the FSET Vendor Meeting. The topic for May outlined best practices agencies can use to complete an assessment including speci?c examples of comprehensive, individualized assessment. Additionally, at initial enrollment, especially for FoodShare members who wish to meet the work requirement through FSET, the FSET agency must ensure they offer qualifying activities that "are readily available so that the individual does not earn a time- limited benefit (TLB) while waiting fer a potentially more applicable skills class or a GED class. Also, ResCare does not have the authority to determine if a FoodShare member is eligible for an ABAWD exemption but shares information with the Income Maintenance staff that may support granting an exemption. Individualized Employment Plans and Participants input in Activities The individuals you reference in the letter did not receive the type of individualized services the SET agencies are advised to provide. If the individuals are willing to share their name and birthdate with DHS, we will follow up directly with the participants and ResCare. FSET participants should be: aware of other alternatives if their activities are not assisting them in meeting their employment goals. 1 West Wilson Street Post Of?ce Box 7850 0* Madison, WI 5370733850? 0 Telephone 6082669622 0* -dhs.wisconsin.gov Protecting and-promoting the health and safety of the people of Wisconsin Ms. Patricia DeLessio Page 2 August 22, 2017 Vendor Monitoring In May '20 17 DHS completed a case review and conducted an onsite review in Milwaukee as a part of the yearly monitoring visit, which also includes a participant survey, a case manager survey, and a review of new documents. DHS issues a monitoring letter once the monitoring activities are completed. The letter includes required aetion items that the agency must take to maintain compliance, recommendations that the agency should consider implementing, and best practices that we encourage the agency to continue using. ResCare- must submit a plan to follow up on the required action items within 60 days of receiving the letter. During our monitoring, if we discover that a participant earned a TLB incorrectly DHS will work with both the 1M agency and the FSET agency to update the FoodShare clock and remove the TLB month. Technical College Coordination ResCare has been working to make participants aware of the education and training services available in their FSET Regions. In your letter you mention the Governor?s recent visit to the Waukesha County Technical College. ResCare does have locations on the Waukesha County Technical College Campus. In the last quarter FSET participants received training at the Waukesha County Technical College as a Certi?ed Nursing Assistance, Phlebotomy, and Certi?ed Financial Planner. ResCare is either co-located or has a close relationship with the technical colleges located in their three FSET regions. During the same quarter 1,547 participants took the opportunity to engage in vocational, educational, and job skills training. It is my understanding that DHS provided information regarding your Open Records Request, including preliminary data and cost estimates and that Legal Action has since received that information and is reviewing. If you have any comments or questions regarding this information, please do not hesitate to contact our staff. Sinceely, - nia eemeye?r Secretary cc: Tim English, Regional Administrator, FNS jut-I MILWAUKEEIOFFICE 230 West Wells Street, Room 800, Milwaukee, Wisconsin 53203 I tel 414-278-7722 toll-free 888-278?0633 i fax 414-278~7126 July 3, 2017 Linda Seemeyer, Secretary Department of Health Services 1 West Wilson Street Room 651 Madison, WI 53702 Re: FSET program Dear Secretary Seemeyer: I am writing in response to your letter of April 21, 2017 regarding the operation of the FSET program by ResCare. Your letter indicates that DHS has conducted of?cial visits, reviews and monitoring of the operation of the FSET program by ResCare. It does not, however, respond to the speci?c complaints raised in my prior letters. As I noted in my prior communications of August 26,2016 and March 27, 2017, ResCare is in violation of federal regulations and its contract with DHS 1n several key respects. Speci?cally I noted the following: routinely assigning ABAWDs to job search activities for up to 20 hours a week, a failing to conduct comprehensive and individualized assessments of each participant, 0 failing to develop employability plans ?informed? by the assessment that are mutually agreed upon and based on the individual participant?s needs and preferences, and a failing to provide other choices to a participant if he or she disagrees with the activities assigned. You letter does not discuss whether and how DHS and ResCare has addressed these failures. You also fail to discuss what steps DHS plans to take determine if Food Share recipients who have been terminated from the program for exhausting their time limited bene?ts were afforded appropriate services by. ResCare. Based on this of?ce?s representation of Food Share recipients subject to the work requirements and our review of the records maintained by ResCare it does not appear that our client?s concerns have been adequately addressed. For example, my letter of March 27, 2017 included a hearing decision in which the ALJ found. that ResC'are failed to conduct an adequate assessment, develop an individualized employment plan, and. assign the participant to ?qualifying activities.? Upon re-enrollment our client was given the TAB-E test (which would not have identi?ed his learning disability); no further assessment was conducted. Although ResCare then determined that he was exempt from participation, our client who very much wants ajob, volunteered for the program. The Serving Milwaukee and Waukesha Counties Green Bay Of?ce Brown, Calumet, Door. Kewaunee. Manitowoc and Outagamie Counties tel 920-432-4645 toll?free 800~236?1127 La Crosse Of?ce Buffalo. Crawford, Grant, Jackson, Juneau, La Crosse, and Vernon Counties tel 608?785?2809 toll?free 800?873?0927 Madison Of?ce Columbia, Dane, Dodge, Green, lows, Iefferson, La fayettc. Rock and Sauk Counties tel 608?256?3304 I toll-free 800?362?3904 Migrant Project Statewide tel 603?256-3304 I toll?free 800-362-3904 Oshkosh Of?ce Ada-ms, Fond tlu Lag-Green Lake,Marquette, Dzaukee, Sheboygan, Washington, Waushm'a and Winnebago Counties tel 920-233?6521 toll?free 800?2364 128 Racine Of?ce Kenosha, Racine and Walworth Counties tome-63545836 toll~free 800?242?5340 plan that was developed was job search and ?research training programs.? Our client took it upon himself to meet with a special needs counselor at Waukesha County Technical College and enroll in a welding course. ResCare did nothing to assist him in his goal of securing permanent employment that will allow him to leave the Food Share program. In another case I reviewed the records of a client whose bene?ts were terminated June 1, 2017. Although his bene?ts have now been reinstated, the FSET records in his case demonstrate the lack of adequate service by ResCare. The ?assessment.? in his case appears to be a simple questionnaire that asks the individual to identify ?work participation,? ?job readiness? and other barriers. It is not, to quote the FSBT Handbook, ?a comprehensive, individualized participant assessment? that identi?es ?the needs, and preferences of each FSET participant? that is the ?driving force behind the development of an employment plan.? His initial activities included 2 hours of orientation, 7 hours of job search and 11 hours of ?career development? described as ?job seeker will do provide information regarding research on personal and career assessment testing, provided personal and professional pro?les completed and career option After a week of those activities he was assigned to Roadrnaps to Success for 16 hours and job search for 4 hours a week; after another week the activities were again career development and job search. (A copy of the plan as well as a second plan that changes career development to ResCare Academy and calls it customized skills training are enclosed.) In addition to the fact that the above activities do not constitute qualifying activities, the plan simply makes no sense. It is not clear how it addresses our client?s barriers to employment and how it will help him secure permanent employment. And perhaps most glaring, while the plan identi?es ?get as a long term goal the agency did not include education among the assigned activities. I have reviewed other employment plans developed by ResCare that include these same de?ciencies. The Governor has repeatedly stated that Wisconsin needs more trained workers. Recently he toured Waukesha County Technical College with the President to, as one newspaper described the visit, ?tout apprenticeships to close the skill gap.? Technical college training that leads to employment is a qualifying activity for FSET purposes. Yet the program has largely ignored this state?s excellent technical college programs. In closing, I am requesting speci?c information detailing the steps has taken, and plans to take, to address the above failures and to insure that the Clients this of?ce serves receive appropriate and meaningful employment and training services. On behalf of those clients who have already lost Food Share bene?ts due to exhaustion of their time?limited bene?ts I would like to know whether the department plans to review such cases to determine if appropriate services were provided and, if they were not, reinstate bene?ts. Finally, please advise me if D-HS plans on responding to my pending epen records request regarding the FSET program. Several months ago I submitted a request to DHS for, among other things, the number of ABAWDS enrolled in education and job skills training and the number that completed such trainings in 2015 and 2016. Your agency claimed that my March 1, 2017' request was not received. I re-submitted it on April 6, 2017 and was advised it was received. Yet, despite further inquiry on my part, to date I have not received any response. A copy of the request is enclosed. truly ours, Patricia DeLe-ssio Attorney at Law Cc: Tim English, Regional Administrator, FNS ?wt?n F8ET.Employmer_1_t Plan for? Basic Information Goals and Action Steps .J, . 0" Primaty Employment FIND Fr I. .. a?n '1 . EMPLOYMENT Long Term Care er GET GED Assigned Activities . 1? '4 4. osmgmow aw mavea . ~1le LAYTON 4 . 08(091201? 1 -. 3813.9 2:3: ?g I: SEARCH FOR 0510912017 APPLY FOR Resume P?mary 030912017 Page 1 DBIDQISZDW 08109f2017 FSEP I ?m'yw?gg? a, ?3:in i?drE?dJJatea-?i?e?t?a' 2.Estb?gted Weekl 5:3 002.0 ran? ?er . Wetk'vro r?ffiv?o- . ?Mfg that- $350 Job Seeker attended One?on-One PM FS-ET Onenta?on "e 0 . 2- 05/091201? nu. '1 age: 4. -. 1- - with ResCare at the YWCA in Milwaukee on today and ems-1:: .10, '2'?st with. "ark enrolled in the FSET Program. RESCARE .4 osx0912017 05/141201? 7.0 No air: Independent Job search In person. onaline, attend Job fairs and submit Weekly oh [093 with veri?cation in ResCare at 1915 N. MLK Dr MI waukee. 53212. every. Friday'by 11:30 am? Must submit .75. hours by 5I15'l17. Example un?? 1? Hum 0511412017 5 11.0 i No "Hit-3 Job seeker will do provide infonna?on research on personal and career assessment testing, rovlde - persona! and professional pro?les complete and career at 1915 N. . la . . RESGARE ., Term Career i 051152017 051131201? 16.0 No Page 2 I . 'Job Seeker will complete ResCare Workforce Services RoadMaps to Successat 1915 N. Martin Luther King 3 . 1 Drive Contact Person: DomenIQUe Bat-g, 41462613343 512017- - 5118/2017. . 3* ?9.4 -. Fri-.1 t. :3 . Em io montSearch?iMD 42:91:? 665%. 7w - 1-13 sat-355.? 0 1 . 1? wee-w 1' - it" 3.: . ?15:161.; Baqm?maie .. mam-?1. .. . 1-. PiKvi? Name 3' .3. team: $626. RESCARE i: 0-. . - IMI-. ruffAsso?a?todes ?6563. 3:32:25 Primary EMPloyment a? amazon . - a ?u 'e i ?Wt? "we .4 . Bil": - ~91. ?2 0552112017 .. .. .. in - 15-h- 5957;": ?u n' I .i :4 met. 4.0 No independem job search in person, on?iine. attend job fairs . -- . 3: . .. . . - and submitweekiy Jottings with veri?cation to ResCare at ?369%. fort".- :1 33:52:61 keg,? - . -. - 1915 N. MLK Dr leaukee._53212, every Friday .34.. 6%163?3?13 - 11:30 am. Must submit4 hours by 515.117. Exampe 21.59.: . Fifi? 951' xii; '6113326?6 . RESCARE {$33 Primary Empioyment 0512212017 E?eii?m?t?d?nd D?ti??f??-?f?gdzf . . gig-$363, 0310912017 Week?ii?ltii? i1 Witt? 11-0 616?}? - ?two . . - ., Job seeker will do provide information regai?ing research . on personal and career assessment testing. provide personai and professional pro?les completed and career - . t' 4- 5: 1 - ?581?ght ['3b 361331-461 tions. Submit documentation to ResCare at 191.5 N. . LK Dr Fri by11: . Judy-c1.- . RESCARE 6- Primary Employment 05l2212017 0810912017 - 9.0 N0 .351? . Independentjob search in person, oninne, attend job fairs and submit weekiy?job logs with veri?mtion to ResCare at 1915 N. MLK Dr lwaukee. 53212, every Friday by 11:30 am. Must submit 11 hours per week to Courtney x-I .indeed. . Page 3 FSEP Signature i understand that by signing below i are agreeing to the goals, action steps, and assigned activities iisted in this plan. will contact my FEET Case Manager. listed on the attached letter, within 10 days of the receipt of this plan if i have any questions or concerns about this plan. Participant Signature Date Representative Signature Date a. . ?rd '7 FSET CasMe} Signature Date- Retur'n instructions: Please review your Employment Plan and return a signed copy of your plan to the address below within 10 days of getling of this letter. Keep. a copy of this letter for-your records. if we do not receive your signed copy within 10 days. you may not get repaid on time for the costs of your FSET activities. MILWAUKEE MILWAUKEE FSET OFFICE LAYTON (27TH AND NATIONAL) 323 LAYTON BLVD - MILWAUKEE WI 53215 Page 4 FSET Employment Plan for Basic Information au? any Dame/2017 r. - LOPEZ i=3? 0510902017 0'010912017 . a? 1-. tapPrimary Employment FIND FT A 0 0 EMPLOYMENT PP YF 05} 912017 08/092017 FSEP SEARCH FOR 05f09!20'17 Long Term Career GET GED Assigned Activities .55? RESCA-RE Primary 051090017 Page 1 FSEP EstimafE?IEner?te i" 55% $533 2? 054152017 EstrmatedI?Weeklv HorrE?rr - . $51.53;? 7.0 {Worch Progrhm? Co-Enrr?iment NoInde endantjob Searchin em0n10n~lme attend ob fairs $111;in - 3: fig and gubmit weeklygob logsIIwith veri?cation to ResICare at . ?ng 1915 MLK DrMIwaukee 53212, every Friday Mustsubmitih5ursby5115l17. Example ?4233 5 Windeed corn .. c?aIrIraeII?j Planning CAREER DEVELOPMENTE- .-. I :5 I ?is-I! -, . ?a Rro'vi? I 3%4 . Asso?giated Goals? -.Io E: P?maw Employment osxosuzow IE tl?iai'??drEnd Dam ??iigr'? 05/145201? I 11.0 W855: Rrogram m'eiIit'I': No Com?i?uts II I Jot:- seeker win do provide information regarding research on personal and career assessment testi rovide personal and professional pro?les com ie and career 0 ?rms. Submit dccumentation to Res are at 1915 Milwaukee every Fri by 11: . . FIJI I: :11} . I . {jail 'Jbb Readinessm?otwa?om 3:54:51 -Provrd?r~Name 21%: .33" 1.. . RESCARE - Associated am 3- ?1315-. Primary Employment, Long Term Career 335i I'legat?? 31? 0511512017 Estrmat??d Ethl Iii: . 1? 0511812017 EstimatedaWeeklm Hang! I Emir" I 16.0 WeraP ro?gram emeriI-ojrr?ent fit??- No 111ml 1; II n- - .?Gic; ePfs? . . a tar-3?" Job Seeker wril complete Researe Workforce Services mmti . . 3 5'9ng RoadMaps to Success at1915 N. Martin Luther Kin ,w -. . 19:53}, Drive Contact Person: Domenlque Berg, 41442675 48 p, .135!in ?33:19; Manda -Thursday 12: 30pm-4: 30pm 5115:9017- - . ?wzwl? 5/13f2 #73-4?. I . in . g' .-.. '6 5522, RESCARE Primary Employment .Iz?t: i5:- 95215017 I I: 5 4,0 I No Page 2 FSEP search in pet'son, Lin-line,- attend job fairs and submit weekiyiob logs with veri?cation to ReeCare at 1915 N. MLK Dr Mi waukee, 53212. every Friday by . -. . 11:30 am. Must submit4 houreby 5I15f17. Example we - . enter Mm. see 651' . n1 Wail-i" at .2: Primary Employment -. . - .. . 3. 03:09:2017 9:0 No es'tim?t?iini??ki in tale - - skin-=1 Work {an} goegn?llmehfm .- -. Egg: $3.0 - Independent Job search in person, on?Iine, attend job fairs - and submit weekly {on legs with veri?cation to ResCare-at -. 1915 N. MLK Dr Ml wankee. 53212. every Friday by 11:30 am. Must submit 11 hours per week to Courtney Barlow Example - . - - it . ewe?- -: RESCARE pm, Emit-went ?ei . 15 1e?: 1.2-1? "05mmfiat. '1 - .. 11.0 ., ?Ni-ls . . f" x. I: We?i?k ram?Qer .. No I: Researe academy .mmxeecareacademynet .fm Legin': .1 1 Password: Welcome?! -. Contact: Catheiine Lopez 414-26?-3359 - . . 4. iak?. a if .r 1' new" . moon-5 4, an: 1?23? Lb Signature i understand that by signing below i am agreeing to the goals, action steps, and assigned activities listed in this pian. I will contact my' FSET Case Manager, listed on the attached letter, within 10 days of the receipt of thia'plan if] have any questions or concerns about this plan. Page 3 Returh l?struc?ons; Please review your Employment Plan and return a sighed copy of your plan to the a copy within 10 days. you may not get repaid on time for the costs of your FSET activities. FSEP. 5/51/7- ant .4 Date Represeni?tive Signature Date 5/150? FSET Case Manager 3:ng Qata- ddres?s below - within 10 days of getting of this letter. Keep a copy of thisietterfor your records. If we do not receive your signed MILWAUKEE FSET OFFICE DRIVE W03) 1915 MARTIN LUTHER DR MILWAUKEE Wi 53212 Page 4 State of Wisconsin Department of Health Services Scott Walker, Governor Linda Seemeyer, Secretary Apri121,2017 Patricia DeL-essio Legal Action of Wisconsin 230 West Wells Street, Room 800 Milwaukee, WI 53203 Dear Ms. DeLessio: Thank you for your letter to the Department expressing concerns related to the administration of the FoodShare Employment and Training (FSET) program, particularly in Milwaukee and surrounding counties. The Department takes these concerns very seriously and we hope that we are able to address some. of these concerns through an explanation of the actions that both the Department and all of our FSET vendors are taking, in partnership with Food and Nutrition Services (FNS), to ensure that participants in the FSET program are being appropriately supported. Speci?c to your concerns with ResCare; the Department, FNS, and ResCare have been working to ensure that the program offered in Region 2 (which includes all of Milwaukee County) is administered according to federal and state policy guidance. This has included a number of both Federal and State monitoring visits to ResCare both in response to stakeholder concerns and also as part of our routine visits with the agency. A listing of these of?cial visits is provided below: April 20-21, 2014?Management Evaluation mRe-gion (FNS) August 4?5, review in response to stakeholder concerns (FN S) September Onsite Monitoring Visit (Region 1) May 24-26, 2016--DHS Onsite Monitoring Visit (Region 2,3) August 4-5, review in reSponse to stakeholder concerns (FNS) It should be noted that these visits do not represent the sum of the Department?s interactions with the vendor, and that these are only representing formal monitoring reviews to ensure Federal and State regulation compliance. As a part of these formal reviews there are also formal responses from Federal or State agencies outlining ?ndings from the review as. well as any required corrective actions. In your letter, you referenced one of these ??ndings? that was submitted to the Department on October 19, 2016. The Department is obligated to respond to these ?ndings and. address how Specific issues will be addressed either at a State or vendor level. What is not re?ected in your letter is the response that the Department provided back to FNS on December 16, 2016, additional information and resources provided to FNS on January 10,. 2017 and approval provided on March 13, 201'? to responses from the Department on all corrective actions and recommendations that were included in the initial response from FNS in October. I add this information to further demonstrate that our team goes through a rigorous process with FNS and 1 West Wilson Street ?0 Post Of?ce Box 7850 Madison, WI 53707~7850 0" Telephone 608?266-9622 0 dhswisconsingciv Protecting and promoting Ike health and safety of the people of Wisconsin a. P. DeLessio Page 2 April 21, 2017 our FSET vendors to ensure that we are in compliance with our Federal and State regulations. I expand on this in more detail below. The Department provides ongoing monitoring of the program as part of regular Management Evaluation Reviews that are executed by our FSET contract monitoring staff. This monitoring includes case reviews, ?scal review, and an onsite visit, which includes interviewing participants, observing appointments, attending orientations, meeting with case managers and management staff. The next scheduled onsite evaluation with ResCare is in May, and our team will be sure to spend additional time reviewing some of the concerns that you have raised in your letter. Above and beyond these onsite reviews the team is consistently meeting with and communicating with FSET vendors to discuss best practices, ensure appropriate understanding or interpretation of policy, receive status updates on corrective actions and address other ad hoc qUestions or concerns that are raised. As you are aware, the Governor continues to support signi?cant investment into employment and training initiatives across the State as these efforts provide opportunities for people to transition from dependence on government programs to true independence. The Department supports these efforts and is working to ensure that these programs are able to support individuals in meeting their goals. Thank you for your continued advocacy and for raising your concerns to the Department to help promote a better program for all Wisconsin residents. Linda Seemeyer Secretary MILW.A-U KEE OFFICE 230 West Wells Street, Room 800, Milwaukee, Wisconsin 53203 I toll-free 838-278?0633 I fax 414-273-7126 .11 March 27, 2016s Linda S'eemeyer, Secretary Department of Health Services 1 West Wilson Street Room 651 Madison, WI 53702 Re: FSET program Dear Secretary Seemeyer: This 13 written in regards to the operation of the FSET program by ResCare as it pertains to Able Bodied Adults Without Dependents or ABAWDs. On August 24, 2016 I sent the enclosed letter to Kevin Moore then the Administrator for the Division of Health Care Access and Accountability. I did not receive any reaponse from Mr Moore or his successor in that position. In my letter I noted that ResCare was violating federal regulation, the state?s FSET plan, state policy andfor its contract with DHS 1n a number of key respects. Speci?cally I noted the following violations: routinely assigning ABAWDs to job search activities for up to 20 hours a week, 0 failing to conduct comprehensive and individualized assessments of each participant, 0- failing to develop employability plans ?informed? by the assessment that are mutually agreed upon and based on the individual participant?s needs and preferences, and . a failing to provide other choices to a participant If he or she disagrees with the activities assigned. FNS noted these same and other concerns in their letter of October 19,2016. Despite documentation of these violations there has been little, if any, meaningful change 1n the operation of the FSET program. Based on this of?ce?s representation of FSET participants, records show that ResCare centinues to use standard uniform employability plans in many cases. .ResCare also continues to fail to conduct ?comprehensive and meaning?il? assessments prior to the development of those plans. Employ?ability plans are not individualized and not based on the participant?s and needs. Nor are they mutually agreed upon. Serving Mr'iwaukee and Waukesha Counties Green Bay Of?ce Brown. Calumet, Door, Kewaunee. Manitowoc and Outagamie Counties tel 920-432?4645 toll-free 800-236-1127 La Crosse Of?ce Buffalo, Crawford, Grant, Iackson, Innean, La Crosse, Manure, Richland, Trempealeau and Vernon Counties tel 608-785?2809 Madison Of?ce Columbia. Dane, Dodge. Green, Iowa, Jefferson, Lafayette, Rock and Saul: Counties tel 608*2566304 I tolivfree 800?362-3904 Migrant Project Statewide 11216084564304 I toll-free 500-362-3904 Oshkos Of?ce Adams, Fond du Lac. Green Lake .Marquette, Ozaukee, Sheboygan, Washington. Waushara and Winnebago Counties tel. 920423345521 toll-free 800?236-1128 Racine Of?ce Kenosha, Racine and Counties . tel 262-635-3836 I toll-free 800?242-5840 Unitedf? Despite the concerns previously raised, the activities assigned in the usual or standard employability plan continue to be job search and ResCare Academy. The only difference is that job search is .now assigned for 9 instead of 10 hours a week and ResCare Academy, now designated as training, is assigned for the remaining 1 1. Both are activities the participant completes on his or her own with little or no guidance from ResCare staff. - The job search component requires participants to look for work by completing applications in person or, more commonly, on-line and attending interviews and recording their contacts and time spent on ?job logs.? If a participant submits documentation of job applications but does not include the information on his or her ?job logs? it is my understanding that the time spent is usually not counted towards the participant?s required hours. ResCare Academy consists of a variety of on?line courses some or all of which require the participant to take a quiz at the end of the course. The participant picks the courses he or she accesses. From my discussion with FSET participants there does not appear to be any overall plan or training goal that will lead to speci?c employment by completing these courses. While ResCare now calls their . Academy training, and in some cases customized skill training, it is not. Under federal regulations. and FSET plan and policy education and vocational training can be a component of a participant?s FSET plan. However, it is speci?cally de?ned as including certain remedial and post-secondary education programs and short term technical training- that provides training in a skill or ?trade linked to in-demand employment. Customized skill training programs are de?ned in the FSET handbook as programs designed with local employers ?based on the skill needs of employers in the local labor market.? ResCare Academy is not education or vocational training as de?ned. Enclosed is a hearing decision issued by an Administrative Law Judge for the Division of Hearings and Appeals. The decision documents ResC?are?s failures to comply with federal regulation and state policy. In the case under review the worker testi?ed that the assessment consisted of. asking the participant if he had any barriers. As the hearing Judge finds posing this question, without eirplaining what barriersare, does not constitute an assessment. The decision finds further that the employability plan was not properly developed and notes that due to what the worker termed a '?g'litc in the system. the participant was mailed-the wrong plan. Finally, the hearing Judge finds that. while there were indications that the participant was having'dif?culty completing the ?training? ?there is no evidence that assistance or additional assessment was done to identify why he was having dif?culty.? . - Participants in FSET routinely advise this of?ce that they receive little, if any, individual and meaningful help from the program in securing permanent employment. There does not appear to be any system. in place to insure that participants receive regular and ongoing evaluations and feedback from their case managers._0ften participants are not . even aware that they are not meeting the required hours until late in their third month. As one client stated ?my worker does her best but 'she has too many clients and doesn?t have time.? And as noted in my earlier letter, participants are not given a choice (if activities and when education and/or speci?c job training are requested, are often told that they need to wait until a later date for such an assignment. Finally, on a practical level, some participants have complained that'access to computers is limited and that, as a result, they have dif?culty completing the assigned job search and ResCare Academy. Wisconsin has chosen in its FSET plan to serve all at-risk The plan submitted to FN sets forth the components of the program that should not only enable Food Share recipients to ful?ll their work requirements but to obtain education, training, and/or work experience that will lead to lasting. employment. DHS must take immediate action to address the de?ciencies within the program and insure that ResCare is conducting the required assessments, properly developing employability plans and providing participants the education, training, work experience and other services required. In addition, DHS should review past cases to insure that Food Share recipients who have exhausted their time-limited bene?ts received appropriate services. Your time and attention to these issues are appreciated. Y. 1?3, i rib/?4 'DeLessizo Attorney at Law Cc: Tim English, Regional Administrator, FNS FH --. 8177783688 STATE OF SCONSIN Division of Hearings and Appeals In the Matter of DECISION Case FWP - 178885 PRELINHNARY RECITALS Pursuant to a petition ?led on January 10, 2017, under Wis. Admin. Code HA 303(4), to review a deeisifm by the Waukesha County Health .and Human Services regarding FoodShare bene?ts (F S), a hearing was held on March 2, 2017, at Waukesha, Wisconsin. The issue for determination is whether the agency correctly discontinued the Petitioner?s FS bene?ts effective January 1, 2017 for using three months of time-limited bene?ts. . There appeared at that time and place the following persons: PARTIES IN INTEREST: Petitioner: Petitioner?s Representative: Attorney Patricia DeLessio Legal Action of Wisconsin - 230 West Wells Street, Room 800 Milwaukee, WI 53203 Respondent: - Department of Health Services 1 West Wilson Street, Room 651 Madison, WI 53703 By: Kathy Jones Waukesha County Health and Human Services 514 Riverview Avenue Waukesha, WI 53188 ADMINISTRATIVE LAW JUDGE: Debra Bursinger Division of Hearings and Appeals FINDINGS OF FACT 1. Petitioner (CARES is a resident of Waukesha County. 10. 11. 12. 13. 14. FWP- 178885 Petitioner initially enrolled in FSET on June 29, 2016. His employability plan (EP) assigned 3 hours/week of ob search activities. He was determined to be exempt from FSET requirements at that time because he was receiving unemployment compensation bene?ts from June 29, 2016 August 18, 2016. Effective August 18, 2016, the Petitioner was no longer receiving unemployment compensation bene?ts and was no longer exempt from FSET requirements. On August 22, 2016, the FSET agency sent a notice of appointment to the Petitioner for an appointment on August 31, 2016 to discuss his FSET participation. Petitioner came to the agency for the appointment. The FSET agency could not develop an EP because Petitioner was not FS- eligible at the time of the appointment. On August 31, 2016, the Petitioner submitted a renewal FS- application to the income maintenance agency. He reported no income or employment, On September 2, 2016-, the FSET agency "sent a notice of appointment to the Petitioner for an appointment on September 13, 2016 to discuss his FSET participation. On September 6, 2016, the agency issued a Notice of Decision to the Petitioner informing him that he would receive FS bene?ts of $194fmonth effective September 1, 2016. This was based on no reported household income. A new referral was made for the FSET program. On September 13, 2016., the Petitioner had an appointment with the FSET worker to update his employabil'ity plan (EP). The plan assigned 9 hoursfweek of job search activities and 11 hoursfweek of Rescare training. Petitioner signed the agreement on September 13, 2016. On September 27, 2016, the Petitioner told the agency that he was having dif?culty with Rescare training. The agency credited the Petitioner with the following hours for FSET activities: September, 2016 27.25 hours October, 2016 17.25 hours November, 2016 36 hours December, 2016 40 hours. (good cause hours based on letter from a doctor). On October 18, 2016, Petitioner contacted the agency to report he had obtained employment, 12 hours/week. He worked for approximately one month but was not paid for all of his work by the employer. On October 26, 2016, the agency sent the Petitioner a notice to the Petitioner that stated: ?Enclosed is your FoodShare Employment and Training (FSET) Employment Plan. This Employment Plan includes information about your FSET goals and assigned activities.? The agency attached the EP developed on June 29, .2016. The EP states the begin date as June 29, 2016 and the end date as December 29', 2016. It assigned 3 hours/week of job search activities. On December 12, 2016, the Petitioner?s EP was updated. The plan again assigned 9 hours/week of ob search activities and 11 hours/week of Rescare training. The EP was sent to- the Petitioner on December 12, 2016. On December 20, 2016, the agency issued a Notice of Decision to the Petitioner informing him that his FS bene?ts would be discontinued effective January 1, 2017 due to using three months of time-limited bene?ts. On January 10, 2017, the Petitioner ?led an appeal. with the Division of Hearings and Appeals. FWP- 7 8 8 3 5 DISCUSSION Pursuant to a provision of Wisconsin?s 2007?2009 biennial budget, Wisconsin has operated a voluntary FoodShare Employment and Training (FSET) program since 2008. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) limits the receipt of FS bene?ts to three full months in a 36-month time period for Able-Bodied Adults without Dependents (ABAWDs) who do not meet the work requirement or meet an exemption from the work requirement. As part of Wisconsin?s 2014-15 biennial budget, 2013 Wisconsin Act 20 created Wis. Stat, which mandated FS eligibility and work requirements for ABAWDs to be implemented in Wisconsin beginning in 2014, consistent with federal regulations 7 CFR ?273..7 and 7 CFR ?273.24. The program began in Milwaukee County effective April 1, 2015, and recipients were required to meet the requirements beginning with the next FS review completed after April 1, 2015. FoodShare Wisconsin Handbook, 1.2. The F-SET enrollment process includes orientation, assessment, and development of an individualized employment plan. The FS-ET Handbook sets out the guidelines and responsibilities for the agency and for participants. The enrollment process includes a requirement that the agency conduct a ?comprehensive, individualized participant assessmen to ?identify the needs and preferences of each FSET participan FSET Handbook, 4.4. These individualized assessments require the agency worker to gather ?past and current information from the participant or other relevant sources, either through informal or formal assessment.? Id. The Handbook states that the assessment should cover past and present information about the participant in following areas: -Barri.ers Assessment: Collect information regarding barriers to employment in five categories: work participation, housing, transportation, legal issues, and job readiness. oEducation Assessment: Collect and document the participant?s educational level and training information and relevant test scores. Achievement on educational test scores TABE, WRAT, etc.) and certi?cate/degree completion should be tracked and updated upon reassessment, as necessary. ?Employment Assessment: Collect employment information. for an individual or document if there is no employment history. Id. (emphasis. added) The Handbook encourages FSET agencies to develop their own assessment tools or use existing assessment tools. for conducting a comprehensive, individualized assessment. Id. It further states that ?in order to fully support participants? attainment of the knowledge and skills necessary to enhance employment opportunities, assessments should be inclusive of information beyond what is described above.? Id. When developing. an employment plan for a participant, the FSET agency has the following responsibility: When working with panicmants to create an individualized employment plan, the FSET worker must monitor carefully the ABAWD status ofparticipants and work. to ensure that suf?cient qualt?ing activities are assign-ed to noniexempt ABA WDS who need to meet the work requirement. If the FSET agency does not offer qualifying activities for non-exempt ABAWD participants, these individuals may lose eligibility for FWP- 178885 FoodShare after exhausting three months of TLBs. For more information on qualifying activities for ABAWD-s, see section 1.4 of this handbook. FSET Handbook, 2.3 (emphasis added) Qualifying activities include job search and job search training activities designed to assist participants to prepare for work by addressing barriers to successful employment. Agencies are required to assist participants to develop, practice, and apply job seeking skills with the goal of securing empIOyment. This assistance is to include: 'Assi'stance with applications and resume development oMotivational and informational workshops -?Interviewing skills, including mock interviewing. 0Labor market information 'Job clubs. OJ ob leads and job referrals ob development and job placement, as needed FSET Handbook, 1.4.1. However, a non-exempt ABAWD can only be assigned to upfront job search and job search'training for less than half of their total required hours, unless these activities are assigned as a component of workfare, Id. Job search and job search training are nonwwork components and non-qualifying activities for ABAWDS- unless time spent in these components accounts for no more than half of an participation requirement. Id. Once enrollment, orientation, assessments and employment plans are completed, an is required to fulfill a work requirement. Wis. Stat, If the participant does not ?ll?ll the work requirement, the participant is limited to receiving no more than three months? FS during a three year period. The requirements are stated in the FSET Handbook, as follows: 6.3.2.1 De?nition of Working for ABAWDS For ABAWDs, working is de?ned as one of the following: Work in exchange for money; Work in exchange for goods or services (in?kind); Unpaid work g. volunteer work, community service); Self-employment; or Any combination of the above. 6.3.2.2 ABAWD Work Requirement An ABAWD is considered to be meeting the ABAWD work requirement if one of the following applies: Working a minimum of 80 hours per month. Use converted work hours if paid weekly or bi-weekly; Participating in and complying with the requirements of an allowable work program at least 80 hours per month; or FWP- 178-885 - Both working and participating in an allowable work program for a combined total of at least 80 hours per month. - Participating in and complying with the requirements of a workfare program. FSET Handbook, 6.3.2.1 6.3 2.2; and see FoodShare Wisconsin Handbook at ?3.17.1. The agency contends the Petitioner failed to meet the work requirement for September, October and November. Therefore, he used three months of time-limited bene?ts and his bene?ts were correctly discontinued. The Petitioner asserts four arguments: 1. The agency failed to complete a comprehensive, individualized assessment of the Petitioner; as a result, the agency was unaware of the Petitioner?s learning disability and his EP did not adequately address this barrier to employment; The online training classes are not customized skills training; 3. The agency did not provide suf?cient evidence to demonstrate how it determined the number of hours credited to the Petitioner in September, October and November; 4. The EP sent to the Petitioner in October, 2016 indicated that he was only required to complete 3 hoursfweek of job search activities. Based on all of the evidence presented, I conclude that the agency did not correctly discontinue the Petitioner?s bene?ts. The evidence demonstrates that the agency did not comply with a number of the FSET requirements in enrolling and assessing the Petitioner and did not develop a proper employment plan. The agency was unable to present evidence of conducting a comprehensive, individualized assessment that identi?ed. the Petitioner?s barriers to employment. Speci?cally, the agency was unaware that the Petitioner has a learning disability (speci?cally, dyslexia). The agency testi?ed at the hearing that it asked the Petitioner, when developing the EP whether he had any barriers. I ?nd that this does not meet the requirement of the FSET regulations to conduct a comprehensive, individualized assessment prior to development of the employment plan. In addition, there were indications during his participation that he had dif?culty with the Rescare training but there is no evidence that assistance or additional assessment was done to identify why he was having dif?culty. In addition to the Petitioner?s dif?culties that appear to be related to his learning disability, his confusion was exacerbated by the agency system ?glitch? that sent him the wrong EP in October. The Petitioner?s. explanation that he thought his EP had been revised to 3 hourstmonth based on his reported dif?culty with Rescare training was reasonable. In addition, I ?nd that the Petitioner is correct that the EP was not. properly developed as it is not in compliance with 1.4.1 which requires that job search activities and training may not constitute more than'half of Petitioner?s assigned activities. If the employment plan assigns job search activities. and training that are more than half of the activities and the Petitioner complies with the employment plan, the agency can discount his hours and ?nd that he has not met the work requirements. I ?nd that the agency has not met its requirement of developing an employment plan to- help the Petitioner meet the work requirements. I further note that the Petitioner attempted to re~enroll in FSET in early September but due to the timing of his FS application, he was unable to enroll until mid-September. There is good cause for not meeting a 178885 work requirement if there is an agency delay in enrollment. FSET 6.6.1. Since the Petitioner could not - enroll until mid?September due to the timing of processing his FS application, September should not have counted as a time-limited bene?t month. For all of the above reasons, I conclude that the agency did not correctly discontinue the Petitioner?s FS benefits. CONCLUSIONS OF LAW The agency did not correctly discontinue the Petitioner?s FS bene?ts. THEREFORE, it is ORDERED That the matter is remanded to the agency to take all administrative steps necessary to reverse the January 1, 2017 closure of the Petitioner?s FS case for using three time-limited bene?t months and reset the FS clock so that he has. three months remaining of time-limited bene?t months. The agency shall also take all steps necessary to ensure that it conducts an assessment and develops an employment plan for the Petitioner that comply with the FSET regulations. These actions shall be completed within 10 days of the date of this decision. REQUEST FOR A REHEARING You may request a rehearing if you think this decision is based on a serious mistake in the facts or the law or if you have found new evidence that would change the decision. Your request must be received Within 20 days after the date of this decision. Late requests cannot be granted. Send your request for rehearing in writing to the Division of Hearings and Appeals, 5005 University Avenue, Suite 201, Madison, WI 537056400 and to those identi?ed in this decision as IN Your rehearing request must explain what mistake the Administrative Law Judge made and why it is important or you must describe your new evidence and explain Why you did not have it at your ?rst hearing. If your request does not explain .these things, it Will be denied. The process for requesting a rehearing may be found at Wis. Stat. 227 .49. A copy of the statutes may be found online or at your local library or courthouse. APPEAL TO COURT You may also appeal this decision to Circuit Court in the county where you live. Appeals must be ?led with the Court and served either personally or by certi?ed mail on the Secretary of the Department of Health Services, 1 West Wilson Street, Room 651, and on those identi?ed in this decision as IN no more than 30 days after the date of this decision or 30 day-s after a denial of a timely rehearing, (if you request one). 178885 The process for Circuit Court Appeals may be found at Wis. Stat. 227.52 and 227.53. A copy of the statutes may be found online or at your local library or courthouse. Given under my hand at the City of Milwaukee, Wisconsin, this 20th day of March, 2017 \s Debra Bursinger Administrative Law Judge Division of Hearings and Appeals United States Department of Agriculture Food and Nutrition Service Midwest Region 77 W. Jackson Blvd. 20'? Floor Chicago. lL 6060443591 October I9, 20.? 6 Secretary Linda Seemeyer Wisconsin Department of Health Services 1 West Wilson Street P.O. Box 7850 Madison, Wisconsin 53707?7850 Dear Secretary Seemeyer: The Food and Nutrition Service (FNS) conducted a monitoring visit of Wisconsin?s administration of the Supplemental Nutrition Assistance Program (SNAP) Employment and . Training program in Milwaukee County on August 4 and 5, 2016. The visit was prompted by congressional inquiries and advocate concerns pertaining to the operations of the contracted provider ResCare in Milwaukee, and speci?cally ResCare?s process for connecting SNAP participants with jobs at food processing plants. FNS visited a ResCare of?ce (6111 N. Teutonia Ave.) and interviewed staff, reviewed ResCare forms, interviewed. SNAP participants who were working at a food processing plant, and reviewed. case ?les. FNS also met with an advocate group to discuss their concerns about ResC-are?s practices. This letter summarizes corrective actions and 9 recommendations for the State as a - result of our visit. Corrective actions are based on the State?s noncompliance with its approved Plan, Able-Bodied Adults without Dependents (ABAWD) policies and procedures, or SNAP regulations. Recommendations are suggestions that FNS believes the State should strongly consider adopting in order to improve program operations. The State must also review three cases identi?ed in this letter, take any required follow up actions, and advise FNS of the results of its review of each of the three case ?les. Suitable Emplovment The State?s policy on ?suitable employment? at FoodShare Handbook (FSH) 3.16.1.2 and FoodSha're Employment and Training Handbook 7.1.1 is missing required language from SNAP regulations pertaining to the criteria for suitable employment, speci?cally employment is not considered suitable if: a The employment offered is on a piece?rate basis and the average hourly yield the employee can reasonably be expected to cam is less than the applicable Federal minimum wage, the applicable State minimum wage, or eighty percent of the Federal minimum wage if neither the Federal nor State minimum wage is applicable. I The distance from the member's home to the place of employment is Unreasonable considering the expected. wage and the time and cost of commuting. a Daily commuting time exceeds 2 hours per day, not including the transporting of a child to and from a child care facility. I The distance to the place of employment prohibits walking and" neither public nor private transportation is available to transport the member to the jobsite. I The employment offered within the ?rst 30 days of registration is not in the member's major ?eld of experience. USDA IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER The State?s policy at FSH 3.16.1.2 and FSET Handbook 7.1.1 do not include the items above. While the policy at FSET Handbook 7.1.1 says for employment to be suitable the ?commute time is no longer than what was agreed upon as part of the employment plan,? this is not consistent with what is in SNAP regulations. In addition ResCare?s Participation Agreement? must be revised to include the criteria for suitable employment. Good cause for leaving employment includes resigning from a job that is unsuitable which is referenced at FSH 3.16.1.7 and FSET Handbook 6.6.1. During case ?le reviews, FNS staff saw instances of participants who chose to stop workingat unsuitable jobs who were ceded as ?Voluntary Quit? by the FSET worker. While there was no evidence that these cases were adversely impacted by this coding, we recommend that FSET workers are trained to select ?employment is not appropriate? or another item from the drop-down menu instead of ?voluntary quit? when an participant leaves unsuitable employment. "The eligibility worker must then make the ?nal determination of good cause. Required Corrective Action SNAP regulations at 7 CFR and (iv) list the criteria for suitable employment. The State?s policy on suitable employment must be revised to include the missing required language noted above. This includes FSH 3. 16.1 .2 and FSET Handbook 7.1.1, along with any other materials that include references to this policy, training materials, desk aid,s operations memos, etc. The State must also work with ResCare to ensure the Participation Agreement? is revised to include the missing language. Recommendation The State should work with ResCare to ensure that participants who leave unsuitable employment are not coded by the FSET worker as ?voluntary qui in the system. Support Services for Participation in Components Based on advocate concerns and the case ?le review, participants who needed child care were not provided with participant reimbursements for dependent care costs. The State must provide payments or reimbursements for expenses directly related to participation in an component such as dependent care costs. Therefore, the State must work with ResCare to ensure that FSET workers are assessing the need for participant reimbursements and providing them as appropriate. Required Corrective Action In accordance with 7 CFR State agencies are required to provide payments or reimbursements for expenses directly related to participation in an component, such as transportation, books, course fees, and dependent care. The State must work with ResCare to develop, implement and monitor a plan to ensure that FSET Workers are consistently assessing the need for participant reimbursements and previding them when leasonable and necessary. . Job Retention Reimbursements In addition, FNS learned through advocate and client interviews that participants who secured jobs were not provided with job retention reimbursements for items-such as transportation, dependent care, and work boots. For example, one of the SNAP clients FNS interviewed who was currently working at a food processing plant said his. SET worker mentioned early on that he could get work boots, but now that he was working, it was challenging to ?gure out when and how to contact his worker to request assistance. The State should work with ResCare to improve the process for connecting participants with job retention reimbursements when reasonable and necessary. - Recommendation The State should work with ResCare to explore ways to better connect participants with job retention services if they obtain employment after participation in For example, FSET workers should clearly explain to participants thatthey can - receive job retention reimbursements when reasonable and necessary and inform them of the process. - Recommendation The State should work with ResCare to explain to employers and staf?ng agencies upfront that the program can help cover expenses such as transportation, uniforms, and other items that are reasonable and necessary for employment. Since ResCare has job developers who build relationships with local employers and staf?ng agencies, there is an opportunity to provide education on the reimbursements that are available for participants. Voluntary Program - FNS observed that sometimes ResCare staff referred to ABAWD-s as ?required for the program.? While ResCare staff understand the State?s program is voluntary, staff are using language that incorrectly blends the program and ABAWD time?limit policy. In order to avoid any misinterpretation or confusion around the voluntary nature of. the program, it is imperative for DHS and ResCare to work together to develop talking points and scripts to Clearly communicate how interacts with the ABAWD time limit. Messaging must be clear to clients that the program is voluntary, but that it is one of the. ways for ABAWDs to meet the ABAWD work requirement and receive. SNAP for longer than 3 months. . Recommendation #4 The State and ResCare'should ensure that staff are using clear and consistent messaging when talking about the program with participants-so that participants- understand. the program is voluntary. In particular, it should be clear to ABAWDs who- are subject to the time limit that is not required, but it is one way for them to meet the ABAWD work requirement and keep receiving SNAP for longer than 3 months. The State and ResCare should work together on talking points and scripts to assist with messaging the program appropriately. Access to Training Approximatelh '00 participants were enrolled in training through the Employ Milwauk subcontract, or through one of the legacy third-party funded subcont?raotm 1n eCsare?s ?rst year of operation. Based on discussions with ResCare- leadership, FNS believes there is additional capacity for greater numbers of participants, to be connected with these training programs. In addition, adgraise . ncerns that ResCare assigns a signi?cant number of participants to esCare Academy; online training portal, instead of more substantive trainings through'subcont'ractors?that offer post-iv secondary education programs and trainings that lead to industry-recognized credentials. The State and ResCare should consider how to maximize the availability of training programs through its subcontractors to connect a greater number of participants with training that will help them gain the skills and credentials for meaningful, long-term employment. In addition, the State and ResCare should consider how to promote work-based education and training so that participants who are eager to get a job but who need additional skills for sustainable employment can earn while they learn. ResCare could also develop a process for provision of job retention services to help participants who are employed find .more sustain-able employment. For example, one of the SNAP clients interviewed by FNS, who was working at a food processing plant, said his initial goal was to get his Commercial Driver?s License (CDL). He was clear that he wanted the job at the food processing plant to earn money and he enjoyed working there. However, at the same time, he Wanted long-term, sustainable employment and the position at the food processing plant was temporary. There is an opportunity for the State and ResC-are to help clients like him earn money in the short-term while supporting longer-term career goals. Advocates raised an additional. issue pertaining to access to training. ResCare provides bonuses to FSET workers for participants who enter employment. ResCare explained that they conduct a quality control audit before determining bonuses on a quarterly basis. However, advocates raised the concern that FSET workers are incentivized to connect participants to temporaryjobs as opposed to skillsubuilding training and long-term, sustainable employment. . Recommendation #5 The State should work with ResCare to explore strategies to ineentivize - FSET workers to make appropriate referrals for participants to enroll in subcontracted training programs. togaimmWredentials that employers value, including certi?cates andde?gr?e?es, industry?recognized credentials, and llcensures. T.) . Presenting Job Opportunities Advocates reported that FSET workers were doing a ?hard sell? to get the most vulnerable individuals to accept employment at food. processing plants so that FSET workers could .seoure bonuses for entered employment. For example, it was reported that an participant with a developmental disability was pushed to accept employment when she did not understand all of the details of the job, nor was the employment appropriate for her. Another example reported was a homeless individual who was pushed to accept employment at a food processing plant which put his shelter slot at risk. FNS reviewed the list of participants who accepted employment in food processing plants over the past 18 months. Several participants ended employment within a few days to a week, which indicates that the employment may not have been a good match. The State should work with ResCare to develWitoring-plar?o . sure that FSET workers are developing meaningful employment plans and helping participants secure long-term, sustainable employment as opposed to multiple temporary M- WK?cem?iendation The State should work with ResCare to ensure that FSET workers /.d0ing a thorough assessment of an participant?s barriers, skills, career goals, and other factors before p1 or discussing job opportunities ?l-w-me?u Veri?cation of Work Hours and Income 1 During the case ?le review there were several cases where ABAWDs received countable months while working because the ABAWD did not provide verification of employment 01 wages. Advocates reported to us that SNAP clients were having trouble obtaining veri?cation. 15:17:?" {if} a Recommendation The State is responsible for assisting SNAP customers in obtaining veri?cation, which includes documentation or an oral con?rmation by an acceptable. collateral . contact, and should explore ways to make this process easier for participants. Thus, the State should consider working with ResCare so that as ResCare deve10ps relationships with employers; it could be explained up-front that SNAP participants will need to verify wages and hours. Case File Review FNS staff reviewed the list of participants who accepted employment at food processing plants over the past 18 months and examined 7 cases in more depth. The summary below indicates the problems that were identi?ed. The State must review these cases, take any required follow up case actions, document and correct the cases accordingly, and advise FNS of the results of its review of each of the case ?les. 6 Case 9530118104: The client?s employment plan said the goals were to maintain employment and receive job retention services. It did not appear that the FSET worker did. a comprehensive assessment of the client?s skills and long?term career goals. In addition, the SET worker coded ?voluntary quit? when the client ended employment at a food processing plant. Case notes indicated the client reported that they were ?not treated righ at the food processing plant, but it was unclear from the case notes whether any follow up actions were taken based on the client?s complaint. The client also received a countable month for September 2015 while working at a food processing plant because veri?cation was not provided. Please review and ensure there were no repercussions on the eligibility side as a result of the FSET worker coding. the case as ?voluntary quit.? Please also determine whether the client? complaint about poor treatment was addressed, and 1f not follow up with the client and follow the State?s protocol for complaint resolution and report the outcome to FNS. I Case #3502311'749: The client?s employment plan listed job sear-oh as a goal and the client was immediately connected to a job at a fecd processing plant. As in the above case, it did not appear that the FSET worker did a comprehensive assessment of the client?s skills and long-term career goals. 0 Case #6500740670: Case notes indicated that the client reported child care as a barrier, yet a referral. was not issued for child care. Also, given there was a child in the home this raises questions as to whether it was appropriate for the FSET worker to present. the job opportunity at the food processing plant to the client. Fair Hearing Rights Participants are informed of their right to a fair hearing at orientation and on paperwork. Additionally, FSET workers must be permitted to advise clients of their right to request a fair hearing. Advocates reported that FSET workers are told they will be written up if they advise an participant of their right to a fair hearing. While FNS did not ?nd evidence of this happening, we recommend the State address this concern with ResCare. Recommendation The State should work with ResCare to ensure that FSET workers are clear that participants have the right to a fair hearing and that they may advise participants of this right whenever appropriate. Please provide a written response within 60 days of receipt of this letter. The response should indicate what speci?c actions the State is planning to take or has taken to implement the corrective actions and recommendations, along with time frames for each action. Please ensure that all local of?ces and providers throughout Wisconsin are in compliance with these actions. The written response should also advise FNS of the results of the State?s case ?le reviews. We appreciate the time and assistance provided by DHS and ResCare in compiling the requested decumentation and meeting with us. If there are questions regarding the required actions or recommendations, please contact Susan Holzer at (312) 353-147 8 or at susan.holzer@fns.usda.gev. Sincerely, Saw TIM ENGLISH Regional Administrator Midwest Region cc: Rebecca McAtee Michele Dickinson MWRO SNAP Staff DISABLED OFFENDERS ECONOMIC SECURITY PROJECT 5 . 230 West Wells Street, Room 800, Milwaukee. Wisconsin 53 203 I tel 414-278~7722 1 fax 414-278-7126 0 wmm?s?i?w- TM :3 Since 1968. August 24, 2016 Kevin Moore Wisconsin Medicaid Director Administrator, Division of Health Care Access and Accountability Department of Health Services 1' - - 1 West Wilson Street Room 350' or} Madison, WI 53702 Re: Rescare FSET program Dear Mr. Moore: This is written in regards to the operation of the SET program by ResCare as it pertains to Able Bodied Adults Without Dependents or ABAWDS. As you know, federal regulation provides that Food Share bene?ts are time-limited for ABAWDs unless they meet speci?ed work requirements or are exempt from those requirements. One way for non-exempt ABAWDS to meet the work requirements is by participating in an employment and training program such as FSET. Federal Regulation speci?es the components that a state program such as Wisconsin?s FSET program must include. 7 C.F.R. Among the components are-job search and job search training which is de?ned as including ?reasonable job search training and support activities? such as job skills assessments, job ?nding clubs, training in techniques for employability, and job placement activities, including educational programs that expand an individual?s job search abilities. '7 C.F.R. However, these activities singly or combined cannot exceed more than half of the total time assigned to an individual participant unless the participant is assigned to workfare or participating in certain programs such as WIA. This of?ce has represented a number of ABAWDs participating in the SET program administered by ResCare. In reviewing our clients? employability plans we have determined that ResCare is routinely assigning ABAWDs to job search activities for up to 20 hours a week. This practice not only violates federal regulation but is contrary to i Wisconsin?s FSET plan, state policy and the contract between DHS and RcsCare. Based on this of?ce?s representation of affected clients it appears that ResCare mistakenly believes. that classes such as those on the list attached are some sort of training other than job search training. Clearly they are not. The classes listed do not constitute educational Green Bay Of?ce Brown, Calumet, Door, Kewaunee, Manitowoc and Outagamie Counties La Crosse Of?ce Buffalo, Crawford, Grant, lackson, luneau, La Crosse, Monroe, ltichland, Trempealeau and Vernon Counties Madison Of?ce Columbia, Dane. Dodge, Green. Iowa, Jefferson, Lafayette, Rock and Sank Counties Migrant Project Statewide Milwaukee Of?ce Milwaukee and Wankesha Counties Oshkosh Of?ce Lac, Green Lake, nrquette, Ozaukee. Sheboygan, Washington, Watlshara and Winnebago Counties Racine-Of?ce Kenosha, Racine-and Counties telephone 920-432?4645 6084352809 608?2566304 603-256-3304 414?278?7722 920-233?652] 262?635?3836 i i "l toll-fries 300-236-1127 300?373-0927 300?3 52 3904 8'88 800?2364 128 800-242?5840 or vocational training as de?ned in federal regulation or state plan. When assigned as the sole activity for 20 hours ?a week or in combination with. job search such an assignment is contrary to federal regulation and Wisconsin?s status as .a ?pledge? state. ResCare?s practices violate the state FSET plan, state policy and the contract between DHS and ResCare in yet another important respect. The state plan, policy, and the RFP all provide that FSET contractors are to conduct comprehensive and individualized assessments of each participant and that these assessments should ?inform? the development of the empl'oyability plan. State policy provides that an employability plan ?should be a mutually agreed upon plan based on the job seeker?s. needs and preferences? and that ?together the FSET worker and participant set goals, determine action steps, and select appropriate FSET activities and related supportive services the participant has the option of accepting all or any part of the FSET worker?s recommendations. . . FSET Handbook Section 4.5. The FSET handbook provides further that if the ABAWD ?disagrees with the activities assigned, the FSET worker should ?identify other types of activities? he or she can choose from as long as the activities chosen and assigned are ?qualifying activities.? FSET Handbook Section 4.5.1 .. As discussed at our May 24, 2016 meeting, the majority of the employability plans that we have reviewed contain the same components and, for the most. part, are. limited to job search related activities. Our clients have informed us that they are not given a choice of activities and, in fact, several have. requested education andfor speci?c job training only to be told that they would need to wait until a later date for such an assignment. The state FSET plan and state policy are clear - FSET agencies such as ResCare must offer an array of services including educational and training programs, meaningful work experience and workfare assignments and the agencies must consult with employers to develop customized skill trainings. As the FSET plan recognizes, job search as an activity alone is, not effective for persons that lack education andfor Speci?c job skills. As we discussed at our meeting, job search alone most often leads to the usual jobs that Food Share recipients obtain on their own - low-wage, part-time, and temporary employment. It is clear from our representation of clients in the context of FSET, as Well as other work based programs,_that many participants ?nd job search alone a meaningless and frustrating activity and simply give up. ?Our clients have uniformly indicated that they need training for jobs that will last and provide independence from bene?ts. Based on the above concerns and our discussion in May please advise me what action DHS plans to take to insure that ResCare complies with the terms of its contract. Speci?cally will DHS staff be conducting a review of ResCare cases and operating procedures to insure that the development and content of employability plans comply with state policy-and that ResCare is offering the array of services and programs required. Finally in addition to the information identi?ed as a result of our meeting I would also like the following information for each of the counties ResCare serves - the educational programs offered and the number of ABAWDs that have been enrolled since the start of FSET, - the job training programs offered and the number of ABAWDS that have been enrolled since the start of FSET, - the employers ResCare has worked with to develop customized skill trainings and the number of ABAWDs enrolled in these programs since the start of the program, - the work experience sites participants can chose from and the number of ABAWDS enrolled 1n work experience since the start of the program, and - the workfare sites participants can chose from and the number of ABAWDS enrolled since the start of the program. Your time and attention to these issues are appreciated. I look forward to your response and further discussion. Very truly yours, 62a draw Patricia DeLessio Attorney at Law Cc: Tim English, Regional Administrator, FNS ICOURSEASSIGNMENTFORSMONTHEP O-NETI PROFILER BUILDING AN EFFECTIVE RESUME NAVIGATING ONLINE .IOB BOARDS SOCIAL NETWORKINGPOR SIEEIKIERS I II RECRUITING FACTS FIRST POWER NETWORKING BLAME BACKFIRES- .FOIVQUER. NEGATIVE THINKING . 1.- . .. . . A. DEVELOPING AN EFFECTIVE LINIKEDINII PROFILE 3 EFFECTIVE INTERVIEWING. 2 I IGOALS AND SETTING GOALS 3 2 .. TIM MANAGEMENT: ANALYZING YOUR USE OF TIME NEAL, - - A MANAGING YOUR CAREER CREATIING A IPLAN MANAGING YOUR CAREER: GETTING ON THE RIGHT TRACK MANAGING YOUR CAREER: LEVEIRAGING THE PERFORMANCE APPRAISAL MANAGING YOUR CAREER: PROFESSIONAL NETWORKING ESSENTIALS MANAGING YOUR RELATIONSHIP WITH YOUR ROSS SIMULATION GETTING TIME UNOER CONTROL PUBLIC SPEAKING STRATEGIES: CONFIDENT PUBLIC SPEAKINGI I I PUBLIC SPEAKING STRATEGIES: PREPARING EFFECTIVE SPEAKING AMERICAN WORK CULTURE AND VALUES BEING AN EFFECTIVE TEAM MEMBER COMMUNICATING SUCCESSFULLY IN THE AM ERICAN WORKPLACE ALAIN -.A A?Week INA .4 WORKING FOR YOUR INNER BOSS: PERSONAL ACCOUNTABILITY MANAGING FROM WITHIN: SELF- EMPOWERMENT CREATING A POSITIVE ATTITUDE DOING BUSINESS PROFESSIIONALLY SIM ULATION -.- AIR-NM RANGE TIM MANAGEMENT: PLANNING AND PRIORITIZING YOUR TIME TIME MANAGEMENT. 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