RSA-509 for FY-2016: Submission #109

Pennsylvania
9/30/2016
General Information
Designated Agency Identification
Disability Rights Pennsylvania
301 Chestnut Street
Suite 300
Harrisburg
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17101
http://www.disabilityrightspa.org
(717) 236-8110
(717) 346-0293
(800) 692-7443
(877) 375-7139
(717) 236-0192
Peri Jude Radecic
Rocco Iacullo
Peri Jude Radecic
(717) 236-8110
302
Part I. Non-Case Services
A. Individual Information and Referral Services (I&R)
85
263
348
B. Training Activities
45
1945
1. 10/2/2015 DRP staff provided information and resources at the Senior Health Fair arranged by Representative Patty Kim in Harrisburg to raise awareness of DRPs services and the rights of people with disabilities. 2. 10/2/2015 DRP staff provided information and resources for senior citizens and individuals with disabilities in the city of McKeesport to raise awareness of DRPs services and the rights of people with disabilities. 3. 10/9/2015 DRP staff provided a lecture on Special Education 101 to parents and advocates in Westmoreland to increase awareness of DRN services and the rights of students with disabilities. 4. 10/17/2015 A DRP staff provided a lecture on advocating under the ADA and other civil rights laws to people with muscular dystrophy and family members at the Muscular Dystrophy Associations Muscle Summit in Bucks County. 5. 10/27/2015 DRP staff provided a lecture on transition of youth to adult services to staff at the OVR office in Armstrong County. 6. 10/27/2015 DRP staff provided a lecture on the rights of people with disabilities in the workplace and self-advocacy to consumers, OVR staff, and provider staff at the Pennsylvania Disability Employment and Empowerment Summit (PADES) conference in Allegheny County. 7. 10/27/2015 DRP staff provided a lecture on Special Education 101 and education transition issues to parents in Lawrence County. 8. 11/6/2015 DRP staff provided a lecture on employment rights to individuals who are deaf at Liberty Resources, Inc. in Philadelphia. 9. 11/12/2015 DRP staff provided information and resources regarding DRPs services, assistive technology, traumatic brain injury, employment and disability, and accessibility at a veterans outreach event convened by state representative Costa. 10. 11/13/2015 DRP staff provided a lecture on barriers to entry to the legal profession by people with disabilities as part of a panel discussion at the Society of American Law Teachers Conference in Montgomery County. 11. 11/13/2015 DRP provided information and resources regarding DRPs services to people with disabilities and interested professionals at the Pennsylvania Disability Employment and Empowerment Summit (PADES) conference in Lancaster. 12. 11/14/2015 DRP provided information and resources regarding DRPs services to people with disabilities and veterans at the Aldersgate United Methodist Churchs Veterans Appreciation Day event in Cumberland County. 13. 11/18/2015 DRP staff provided a lecture about ADA rights in the workplace and public accommodations and about service animals under the FHA and ADA for people who are blind or have visual disabilities at Vision Resources of Central Pennsylvania in Harrisburg. 14. 11/19/2015 DRP staff provided information and resources regarding employment, community living, housing, education, special education, voting, and transition to adulthood at an outreach event convened by Baldwin Whitehall school district targeting transition age students with disabilities. 15.
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C. Information Disseminated to the Public
0
18
0
40884
2299
0
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Part II. Individuals Served
A. Individuals Served
26
407
433
10
B. Individuals served as of September 30
27
C. Problem Areas/Complaints of Individuals Served
23
53
27
96
84
38
37
3
1
22
11
22
1
0
8
2
16
D. Reasons for Closing Individual Case Files
298
64
23
2
1
3
4
16
6
9. Other - Advice only was provided<p>
E. Intervention Strategies Used in Serving Individuals
304
103
0
2
0
0
8
0
Part III. Statistical Information on Individuals Served
A. Age of Individuals Served as of October 1
0
39
280
54
60
B. Gender of Individuals Served
236
197
C. Race/Ethnicity of Individuals Served
12
0
4
91
0
311
2
13
D. Living Arrangements of Individuals Served
264
120
0
0
15
0
3
21
6
4
0
E. Primary Disability of Individuals Served
32
28
1
153
6
1
2
19
70
13
29
35
1
4
4
35
Part IV. Systemic Activities and Litigation
A. Systemic Activities
6
156150
1. DRP continued working collaboratively with the statewide, cross-disability Adult Protective Services (APS) Coalition and with the Department of Human Services (DHS) and Liberty Healthcare (APS agency) to monitor the implementation of Adult Protective Services (APS) statewide. DRP worked with other members of the APS regulation workgroup to assist DHS and Liberty Healthcare to draft APS regulations, which will then be finalized by DHS Legal office and released to the public for comment. DRP, along with other APS Coalition members, met with DHS and Liberty Healthcare to discuss policy and operations concerns and to get a status update of the regulations. DRP addressed concerns regarding APS handling of adults who refuse protective services and how that affects their right to risk, their safety, and investigation of their case. DHSs view was that the law requires an investigation even when the person refuses APS services, which may include a follow-up contact with the reporter, the adult reported to be in need of APS, collateral witnesses, and reviewing of the adults confidential records. DRP strongly argued that DHS and Liberty should respect the adults right to risk and that overriding the adults wishes could potentially place the adults safety at greater risk and that the law provides for the agency to petition the court for emergency services when an adult refuses and the investigator has determined that there is need for APS. DRP also advocated for adults subject to investigation to be provided with a packet of information to advise them of their right to refuse services and a listing of organizations that can help them exercise their rights. DRP also met with DHS Adult Protective Services (APS) Division Director and Liberty Healthcares APS Statewide Manager to discuss complaints DRP had received about APS investigators using their authority to access the medical and financial records of adults reported to be in need of APS without their knowledge, consent or a court order. This is a violation of the APS law designed to protect an adults right to confidentiality and refuse APS. DRP discovered that APS investigators had been trained to routinely access this information regardless of whether an investigator, after initiating an investigation, had determined the report unsubstantiated or in a category of no need. DRP demanded investigators stop this practice and follow the provisions of the law to access records by consent or court order. DHS and Liberty responded by drafting an APS Release of Information guidance document for investigators to which DRP staff provided comments. The final document aligned with the rights protection provisions of the APS law. Many of our recommendations to correct and improve the document were accepted, including removing requests for SS numbers, allowing for an adult to revoke consent at any time in writing or orally, and adding language that explicitly informs the investigator of an adults right to
B. Litigation/Class Actions
190722
6
1. Fair Housing Council of Suburban Philadelphia v. Wagner Enterprises, Ltd. (E.D. Pa.) DRP entered into a comprehensive settlement agreement with Defendants to resolve this Fair Housing Act (FHA) lawsuit that challenged a developers violation of the FHAs accessibility requirements for newly-constructed condominiums in Northampton County. Under the agreement, the defendant will: (1) retrofit curb ramps and a sidewalk in the development that did not meet FHA guidelines so that there are accessible routes to the common areas; (2) lower mail boxes within reach range; (3) make accessible the entrances, interior doorways, and thermostats in the four units it owns; and (4) provide notice to owners of other units offering the opportunity to make accessibility modifications for up to five additional units. DRP is monitoring implementation of the settlement agreement as construction work has begun on the accessibility improvements that will provide increased access for current or prospective owners with disabilities. 2. Oliver v. Scranton Materials, Inc. (M.D. Pa.) DRP successfully settled this ADA employment discrimination case filed on behalf of a woman who developed asthma, carpal tunnel, and lumbar stenosis as a result of a complicated pregnancy with triplets and whose employer fired her when she requested an additional month of leave time due to her disabilities. After the court rejected the employers summary judgment motion last quarter, the case was assigned to a Magistrate Judge for a settlement conference. At that conference, the parties agreed to a confidential resolution acceptable to our client. 3. McGann v. Cinemark USA (W.D. Pa. & 3d Cir.) After holding a hearing on the merits, the trial court ruled in favor of the defendant movie theater in this Title III ADA case filed on behalf of a man who is deafblind to challenge the defendants refusal to provide him with a tactile interpreter. The court concluded that the theater is not required to provide tactile interpretation because it is not an auxiliary aid or service and because it would alter the content of the movies. DRP appealed that ruling and the parties completed briefing on the appeal. Notably, the United States Department of Justice filed an amicus brief in support of our clients position, urging reversal of the trial courts decision. 4. Harper v. 118-122 Market Street Corp. (E.D. Pa.) DRP finalized a settlement agreement to resolve this Americans with Disabilities Act (ADA) lawsuit challenging the failure of a Philadelphia restaurant and the owner of a building in which it is located to remove a one-step barrier to entry. The agreement requires the defendants to install a ramp which will now ensure equal access to its restaurant for people who use wheelchairs. 5. Farria v. Smak Parlour, Inc. (E.D. Pa.) DRP is monitoring implementation of the settlement agreement in this Title III ADA lawsuit against a womens boutique in Center City Philadelphia, requiring the defendan
Part V. PAIR'S Priorities and Objectives
A. Priorities and Objectives for the Fiscal Year Covered by this Report
For each of your PAIR program priorities for the fiscal year covered by this report, please:
  1. Identify and describe priority.
  2. Identify the need, issue or barrier addressed by this priority.
  3. Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.
  4. Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.
  5. Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.
  6. Provide at least one case summary that demonstrates the impact of the priority.
Priority I 1. Priority: Protect and advocate for people with disabilities who are subject to abuse and neglect. 2. Need Addressed: Individuals residing in institutions and in community settings are at risk of being abused and neglected, and of having their rights violated. 3. Indicators: A. Incidents of abuse or neglect and rights violations will be responded to using technical assistance, follow-up, monitoring, investigation, and/or litigation. B. Improve, expand, and monitor systems for reporting, investigating and responding to abuse in state-licensed facilities and unlicensed residential facilities. C. Work to ensure the appropriate implementation of an Adult Protective Services System in Pennsylvania for persons aged 18-59. D. Advocate for the implementation of regulations and policies that protect persons with disabilities living in personal care homes and assisted living facilities. E. In all cases of systemic incidents of abuse, neglect, and rights violations in licensed facilities, PAIR had no challenges to our authority to access facilities, residents, and/or their records. 4. Collaborations: DRP continued working collaboratively with the statewide, cross-disability Adult Protective Services (APS) Coalition and with the Department of Human Services (DHS) and Liberty Healthcare (APS agency) to monitor the implementation of Adult Protective Services (APS) statewide. DRP worked with other members of the APS regulation workgroup to assist DHS and Liberty Healthcare to draft APS regulations, which will then be finalized by DHS Legal office and released to the public for comment. DRP, along with other APS Coalition members, met with DHS and Liberty Healthcare to discuss policy and operations concerns and to get a status update of the regulations. DRP addressed concerns regarding APS handling of adults who refuse protective services and how that affects their right to risk, their safety, and investigation of their case. DHSs view was that the law requires an investigation even when the person refuses APS services, which may include a follow-up contact with the reporter, the adult reported to be in need of APS, collateral witnesses, and reviewing of the adults confidential records. DRP strongly argued that DHS and Liberty should respect the adults right to risk and that overriding the adults wishes could potentially place the adults safety at greater risk and that the law provides for the agency to petition the court for emergency services when an adult refuses and the investigator has determined that there is need for APS. DRP also advocated for adults subject to investigation to be provided with a packet of information to advise them of their right to refuse services and a listing of organizations that can help them exercise their rights. DRP also met with DHS Adult Protective Services (APS) Division Director and Liberty Healthcares APS Statewide Manager to discuss complaints DRP had received about APS investigators using their authori
B. Priorities and Objectives for the Current Fiscal Year
Please include a statement of priorities and objectives for the current fiscal year (the fiscal year succeeding that covered by this report), which should contain the following information:
  1. a statement of each prioirty;
  2. the need addressed by each priority; and;
  3. a description of the activities to be carried out under each priority.
Priority I<p>1. Priority:<p>Protect and advocate for people with disabilities who are subject to abuse and neglect.<p>2. Need Addressed:<p>Advocacy focused on the need for protection from abuse, neglect, and rights violations.<p>3. Activities:<p>A. Respond to individual and systemic reports of abuse or neglect through technical assistance, follow-up, monitoring, investigation and/or litigation, including enforcing DRPs authority to access facilities, residents, and records.<p>B. Improve, expand, and monitor systems for reporting, investigating, and responding to abuse or neglect including ensuring full implementation of an adult protective services system.<p>Priority II<p>1. Priority:<p>Eliminate institutionalization and segregation of people with disabilities<p>2. Need Addressed:<p>Integration is preferred and too often people with disabilities are put in or directed to institutional settings. Changing the attitudes of policy makers, involvement of persons with disabilities in the design and implementation of services, and rebalancing appropriation of funding is necessary to achieve integration.<p>3. Activities:<p>A. Advocate for integrated community services, supports, and treatment for children and adults with disabilities institutionalized, at risk of institutionalization, or otherwise in segregated settings.<p>B. Advocate to reduce admissions, develop reintegration plans, and increase appropriate/specialized community settings for people with disabilities as alternatives to nursing home placement.<p>C. Promote the expansion of affordable, integrated, accessible and stable housing, and assure full and equal access to housing in the community for people with disabilities.<p>D. Advocate for the development and full implementation of and funding for comprehensive/integrated Pennsylvania Olmstead Plan.<p>Priority III<p>1. Priority:<p>Promote an array of quality consumer-controlled, consumer-driven, person-centered, and recovery-oriented services to enable people with disabilities to live and thrive in their own homes, schools, workplaces, and communities.<p>2. Need Addressed:<p>People want to live in their homes and communities. In order to do so, they need state-funded services and supports. Especially in tight budget times, and given competition with institutions, its critical to engage in focused budget advocacy.<p>3. Activities:<p>A. Advocate for control and direction by people with disabilities in the delivery of services, including the development of participant-directed supports and services and community first choice option.<p>B. Advocate ending waiting lists and removing other barriers to community services for people with disabilities who are unserved or underserved.<p>C. Expand access to quality education, early intervention, and special education services in the least restrictive environment appropriate.<p>D. Assure access to Medicaid services.<p>E. Assure access to assistive technology for people with disabilities to enable them to live and work in their communities.<p>F. Advocate for rem
Part VI. Narrative
Narrative
At a minimum, you must include all of the information requested. You may include any other information, not otherwise collected on this reporting form that would be helpful in describing the extent of PAIR activities during the prior fiscal year. Please limit the narrative portion of this report, including attachments, to 20 pages or less.

The narrative should contain the following information. The instructions for this form outline the information that should be contained in each section.
  1. Sources of funds received and expended
  2. Budget for the fiscal year covered by this report
    Outline the budget for the fiscal year covered by the report (prior fiscal year), as well as a projection for the current fiscal year.  Be sure to include a breakdown of dollars expended/allotted for:  administrative costs (i.e., personnel salaries, equipment, etc.); services to individuals; and other expenses (i.e., staff training, travel, etc.)
  3. Description of PAIR staff (duties and person-years)
  4. Involvement with advisory boards (if any)
  5. Grievances filed under the grievance procedure
  6. Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency
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Certification
Signed
Yes
Rocco Iacullo
PAIR Team Leader
Wed, 12/21/2016 - 00:00
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