RSA-509 for FY-2016: Submission #117

State name New York

Report through date 9/30/2016

General Information

Designated Agency Identification

Name Disability Rights New York

Address 725 Broadway, Suite 450

Address 2 {Empty}

City Albany

State {Empty}

Zip Code 12207

E-mail Address elizabeth.grossman@drny.org

Website Address

Phone (518) 432-7861

TTY Phone (518) 512-3448

Toll-free Phone (800) 993-8982

Toll-free TTY Phone {Empty}

Fax (518) 427-6561

Name of P&A Executive Director Timothy A. Clune

Name of PAIR Director/Coordinator Elizabeth Grossman

Person to contact regarding report Elizabeth Grossman

Contact Person phone (518) 512-4959

Contact Person phone ext {Empty}

Part I. Non-Case Services

A. Individual Information and Referral Services (I&R)

1. Individuals receiving I&R within PAIR priority areas 344

2. Individuals receiving I&R outside PAIR priority areas 247

3. Total individuals receiving I&R (lines A1 + A2) 591

B. Training Activities

1. Number of trainings presented by PAIR staff 41

2. Number of individuals who attended training (approximate) 1350

Training Formal TrainingAt a United Nations Conference of the States Parties to the Convention on the Rights of Persons with Disabilities, DRNY educated foreign ambassadors about employment law, practices, and opportunities for people with disabilities, focusing on sheltered workshops, supportive employment, and reasonable accommodations.DRNY trained advocates and service providers about guardianship and supported decision-making at the Southern Tier Independent Living Center.DRNY taught the staff of the Capital District Center for Independence about the laws governing service animals.At the request of the SUNY Brockport Disability and Access chairs, DRNY trained SUNY Brockport faculty on student and faculty rights under disability laws.DRNY trained veterans and their advocates about the employment rights of people with disabilities.We trained Saratoga disability advocates and service providers about DRNY services and the applicability of the ADA integration mandate to home care services.DRNY trained students at Syracuse Law School on how to measure streets and sidewalks for ADA compliance.After a restaurant denied access to a person with a disability because of her service dog, DRNY trained the managers and staff of the restaurant on its responsibilities under the ADA.DRNY participated in the Veteran’s Outreach Stand Down event in Rochester.DRNY trained members of an Multiple Sclerosis support group on their employment rights and the impact of employment on their public benefits.We trained Suffolk County locals to evaluate bus stops for ADA compliance, including proximity of bus stops to curb cuts, width and condition of sidewalks, space for wheelchairs on the shoulders of roads where there are no sidewalks, and access to bus shelters.DRNY presented about our work and laws protecting people with disabilities at the New York State Sheriffs' Association.We participated in the Veteran’s Pre-Deployment Yellow Ribbon Event in Suffern.DRNY spoke with a reporter from the Times-Union newspaper about disability discrimination in employment, DRNY’s work, and obstacles faced by people with disabilities.DRNY spoke with students from Hunter Graduate School of Social Work and Baruch College School of Public Affairs.We worked with students from Packer High School and Brooklyn Technical High School on community service projects related to service animals and public accessibility.DRNY is planning a day long Employment Discrimination Continuing Legal Education Training for March, 2017. Educational OutreachDRNY engaged in educational outreach to disability rights organizations, including MFY Legal Services, New York Legal Assistance Group, Disability Rights Advocates, Legal Services of the Hudson Valley, Legal Services of Central New York, Justice in Aging, Partners for Access, American Tin

testarea {Empty}

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff 0

2. Newspaper/magazine/journal articles 1

3. PSAs/videos aired 0

4. Hits on the PAIR/P&A website 97153

5. Publications/booklets/brochures disseminated 1400

6. Other (specify separately) 0

Narrative See above description of training and outreach activities.

Part II. Individuals Served

A. Individuals Served

1. Individuals still served as of October 1 (carryover from prior FY) 120

2. Additional individuals served during the year 584

3. Total individuals served (lines A1 + A2) 704

4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.) 50

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 166

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility 67

2. Employment 143

3. Program access 18

4. Housing 105

5. Government benefits/services 59

6. Transportation 32

7. Education 51

8. Assistive technology 42

9. Voting 0

10. Health care 87

11. Insurance 13

12. Non-government services 30

13. Privacy rights 9

14. Access to records 6

15. Abuse 34

16. Neglect 44

17. Other 0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor 256

2. Other representation found 31

3. Individual withdrew complaint 143

4. Appeals unsuccessful 13

5. PAIR Services not needed due to individual's death, relocation etc 35

6. PAIR withdrew from case 3

7. PAIR unable to take case because of lack of resources 28

8. Individual case lacks legal merit 83

9. Other 0

Please explain {Empty}

E. Intervention Strategies Used in Serving Individuals

1. Technical assistance in self-advocacy 203

2. Short-term assistance 224

3. Investigation/monitoring 0

4. Negotiation 138

5. Mediation/alternative dispute resolution 0

6. Administrative hearings 9

7. Litigation 3

8. Systemic/policy activities 11

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

1. 0 - 4 4

2. 5 - 22 47

3. 23 - 59 453

4. 60 - 64 80

5. 65 and over 120

B. Gender of Individuals Served

1. Females 363

2. Males 341

C. Race/Ethnicity of Individuals Served

1. Hispanic/Latino of any race 69

2. American Indian or Alaskan Native 0

3. Asian 9

4. Black or African American 150

5. Native Hawaiian or Other Pacific Islander 1

6. White 413

7. Two or more races 23

8. Race/ethnicity unknown 39

D. Living Arrangements of Individuals Served

1. Independent 459

2. Parental or other family home 54

3. Community residential home 3

4. Foster care 0

5. Nursing home 44

6. Public institutional living arrangement 0

7. Private institutional living arrangement 1

8. Jail/prison/detention center 127

9. Homeless 8

10. Other living arrangements 6

11. Living arrangements not known 2

E. Primary Disability of Individuals Served

2. Deaf/hard of hearing 63

4. Orthopedic impairment 232

5. Mental illness 11

6. Substance abuse 1

7. Mental retardation 5

8. Learning disability 24

9. Neurological impairment 95

10. Respiratory impairment 17

11. Heart/other circulatory impairment 29

12. Muscular/skeletal impairment 82

13. Speech impairment 1

14. AIDS/HIV 6

15. Traumatic brain injury 45

16. Other disability 37

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities 45

2. Number of individuals potentially impacted by policy changes 8000

Describe your systemic activities. Architectural AccessibilityThe IDNYC program, New York City’s new program designed for people who have trouble obtaining other government identification, required that applicants have their photos taken on proprietary equipment at its offices or at pop-up locations. It did not have a process for accommodating individuals who are homebound. As a result of our advocacy, the NYC Human Resources Administration, which administers the program, obtained equipment that will allow it to take photos of homebound individuals in their homes. The program also refused to take photographs of individuals with visual disabilities who wore dark glasses, until DRNY negotiated a change to this policy as well.DRNY intervened after a drug store stopped delivering to a building with tenants with blindness, and the delivery service was reinstated, allowing the residents to receive necessary medication, food, and supplies that they were unable to get from any other neighborhood business.When DRNY surveyed Colonie Center Mall, we found that a department store did not have accessible routes for wheelchair users that would allow them to navigate the facilities. A letter was sent out to the store manager and it is expected that changes will be implemented shortly.DRNY negotiated with the Crossgates Mall, which did not have an appropriate container for disposing of feminine products in its accessible bathrooms, to install a proper receptacle. Streets and SidewalksDRNY worked on a video series about problematic and inaccessible streets and sidewalks, to be released in fall 2016.DRNY continued discussions with the City of Albany in addressing accessibility issues, including sidewalks, curb cuts and snow removal. In response to our concerns, Albany assigned an ADA coordinator, posted an ADA Grievance Policy and invited DRNY to participate in a newly formed ADA Advisory Council. DRNY has actively participated with the Council, and is working with the director of codes and a city council member on recommendations for policies related to accessibility. There has been a noticeable increase in the pace of curb cut installation, and the quality of the curb cuts has improved.We surveyed the sidewalks and crosswalks of downtown Troy and found many inaccessible sidewalks and crosswalks. The information has been shared with the new Mayor of Troy and DRNY will monitor resulting efforts at improvement.DRNY continues to monitor progress towards complete sidewalk accessibility in Mechanicville after it agreed to make improvements. Some downtown sidewalks have been repaired, and DRNY will remain involved until the project is complete.A newly constructed pedestrian bridge in Utica did not meet ADA architectural accessibility requirements. DRNY met with the New York State Department of Transportation, which agreed to resurface the pedestrian bridge and redesign ramp entrances to the bridge t

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts 1000

2. Number of individuals named in class actions 0

Describe your litigation/class action activities. DRNY filed an employment discrimination claim under the ADA, alleging failure to accommodate and retaliation, Daniel Levy v. New York State Department of Environmental Conservation, in the Northern District of New York. Discovery is ongoing. DRNY submitted an amicus brief in Wright v. New York State DOCCS, advocating that DOCCS engage in an individualized assessment as to whether inmates should be allowed to use their own motorized wheelchairs, and explaining how wheelchair pusher programs reduce inmate independence and increase the likelihood that they will be abused and neglected. The Second Circuit Court of Appeals accepted DRNY’s brief and ruled in favor of the inmate.

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:

Identify and describe priority.
Identify the need, issue or barrier addressed by this priority.
Identify and describe indicators PAIR used to determine successful outcome of activities pursued under this priority.
Explain whether pursuing this priority involved collaborative efforts by other entities. If so, describe this collaboration.
Provide the number of cases handled under the priority. Indicate how many of these, if any, were class actions.
Provide at least one case summary that demonstrates the impact of the priority.

Priorities and Objectives Priority 1 Promote the integration of people with disabilities into the community, especially in regard to transitions away from nursing facilities and institutions. Individuals with disabilities have been subjected to unnecessary institutionalization, including placement in nursing homes, due to lack of access to services in the community. We address the need for community-based services within our state by advocating for individualized support to meet the needs of our clients. We do so in a variety of ways, including representing clients who are denied home and community based services under the Medicaid waiver programs and state and local services, as well as representing clients who want to, but have not been, discharged from nursing homes. PAIR collaborates with the other P&A programs on nursing home monitoring.Number of cases handled under the priority: 35 (no class actions)Case examples:DRNY successfully advocated that a client with orthopedic impairments return to her community after several years of institutionalization in a nursing facility. DRNY challenged the facility’s refusal to cooperate in discharge planning in retaliation for a disputed and unpaid bill, and worked with the Money Follows the Person program on how to proceed with the client’s discharge in the face of the facility’s resistance.After a client with dementia was neglected by a nursing home, resulting in a broken neck, DRNY successfully advocated that he be transferred to a rehabilitation facility.A client with various disabilities was hospitalized after he broke up with his girlfriend, who was his primary caregiver, power of attorney, and health care proxy. Client’s girlfriend revoked the power of attorney and health care proxy immediately upon their break-up. Client’s computerized communication system was nonfunctional in the hospital, so he could not communicate his basic medical needs or designate a power of attorney or health care proxy. DRNY assisted with client’s designation of a power of attorney and health care proxy in line with his expressed wishes, and continues to work with client on effectuating a safe discharge from the nursing home where he now lives. Priority 2Maximize autonomy of people with disabilities to make their own decisions and to control their own lives, including their finances.This priority recognizes the importance of the rights of people with disabilities to make critical decisions impacting their lives, especially regarding finances. We advocate for the rights of people with disabilities to control decision-making by representing those who have been denied these rights and providing information and technical assistance to people involved in self-advocacy. PAIR did not engage in collaborative efforts regarding this priority.Number of cases handled under the priority: 63 (no class actions)</

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:

a statement of each prioirty;
the need addressed by each priority; and;
a description of the activities to be carried out under each priority.

B. Priorities and Objectives for the Current Fiscal Year DRNY adopted the PAIR priorities for a period of three years, from Fiscal Year 2015 through Fiscal Year 2018. After that period, they will be reassessed. See Section V A for a discussion of the DRNY PAIR priorities, the needs addressed and the description of the activities carried out.

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.

Sources of funds received and expended
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.)
Description of PAIR staff (duties and person-years)
Involvement with advisory boards (if any)
Grievances filed under the grievance procedure
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

part_vi_rsn {Empty}

Certification

Signed

Signed? Yes

Signed by Elizabeth Grossman

Title Director, PAIR

Signed date Thu, 12/15/2016 - 00:00

OMB Notice

OMB Control Number: 1820-0627, approved for use through 07/31/2023

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 16 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain a benefit (Section 13 of the Rehabilitation Act, as amended). Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to U.S. Department of Education, Washington, D.C. 20202-4537 or email ICDocketMgr@ed.gov and reference the OMB Control Number 1820-0627. Note: Please do not return the completed form to this address.