RSA-227 - Annual Client Assistance Program (CAP) Report

Kentucky (KENTUCKY CLIENT ASSISTANCE PROGRAM) - H161A180018 - FY2018

General Information

Designated Agency Identification

NameKentucky Client Assistance Program
Address300 Sower Blvd. 4CSW20
Address Line 24th Floor
CityFrankfort
StateKentucky
Zip Code40601
E-mail Addresscynthia.elliott@ky.gov
Website Addresshttp://kycap.ky.gov
Phone502-564-8035
TTY
Toll-free Phone800-633-6283
Toll-free TTY
Fax502-564-2316

Operating Agency (if different from Designated Agency)

NameKentucky Client Assistance Program
Address300 Sower Blvd. 4CSW20
Address Line 24th Floor
CityFrankfort
Zip Code40601
E-mail Addresscynthia.elliott@ky.gov
Website Addresshttp://kycap.ky.gov
Phone502-564-8035
TTY
Toll-free Phone800-633-6283
Toll-free TTY
Fax502-564-2316

Additional Information

Name of CAP Director/CoordinatorCynthia Elliott
Person to contact regarding reportCynthia Elliott
Contact Person Phone502-564-8035

Part I. Non-case Services

A. Information and Referral Services (I&R)

Multiple responses are not permitted.

1. Information regarding the vocational rehabilitation (VR) program14
2. Information regarding independent living programs2
3. Information regarding American Indian VR Service projects0
4. Information regarding Title I of the ADA62
5. Other information provided38
6. Information regarding CAP5
7. Total I&R services provided (Lines A1 through A6)121

B. Training Activities

During the annual Leadership and Management Training of Office of Vocational Rehabilitation, CAP gave updates on CAP activities to OVR statewide Management staff. The purpose was to give an overview of CAP policies and procedures and provide handouts of how our goal is to work together to help Kentuckians with disabilities achieve success. CAP provided handouts of CAP brochures, case statistics and a prototype of CAP's new on-line intake form.

1. Number of training sessions presented to community groups and public agencies.1
2. Number of individuals who attended these training sessions.30
3. Describe training presented by the staff. Include the following information:
  1. topics covered
  2. purpose of the training
  3. description of the attendees

C. Agency Outreach

Describe the agency's outreach efforts to previously un-served or underserved individuals including minority communities.

Ombudsman visited agencies in the rural Appalachian Eastern and far Western regions of the state and distributed literature 60 brochures. CAP Ombudsmen met with OVR agencies and developed a one-page form about appeal rights to be given by OVR to its clients at intake. CAP noticed that OVR's forms contained only a one paragraph sentence regarding appeal rights. CAP believes that the one-page intake form and brochure will better inform clients of their options and make them more aware of the availabitlity of CAP services. CAP attended a Hispanic church and a community center to distribute CAP brochures written in Spanish. As a result of these activities CAP is receiving more calls from the Eastern and Northern counties of the state. as well as language line requests from persons who speak Spanish.

D. Information Disseminated To The Public By Your Agency

For each method of dissemination, enter the total number of each method used by your agency during the reporting period to distribute information to the public. For publications/booklets/brochures (item 4), enter the total number of documents produced. Agencies should not include website hits. See instructions for details.

CAP has collaborated with local University to produce a PSA video regarding CAP service. CAP met with producer for scripting and scheduling of dates for the format and production of the video.

1. Agency Staff Interviewed or Featured on Radio and TV0
2. Articles about CAP Featured in Newspaper/Magazine/Journals0
3. PSAs/Videos Aired about the CAP Agency0
4. Publications/Booklets/Brochures Disseminated by the Agency260
5. Number of Times CAP Exhibited at Conferences, Community Fairs, etc.1
6. Other (specify below)1

E. Information Disseminated About Your Agency By External Media Coverage

Describe the various sources and information disseminated about your agency by an external source.

CAP developed a power point which it distributed to OVR as an orientation training for new Vocational Rehabilitation Counselors.

Part II. Individual Case Services

A. Individuals served

An individual is counted only once during a fiscal year. Multiple counts are not permitted for Lines A1-A3.

1. Individuals who are still being served as of October 1 (carryover from prior year)2
2. Additional individuals who were served during the year19
3. Total individuals served (Lines A1+A2)21
4. Individuals (from Line A3) who had multiple case files opened/closed this year (In unusual situations, an individual may have more than one case file opened/closed during a fiscal year. This number is not added to the total in Line A3 above.)0
5. Individual still being served as of September 30 (Carryover to next year. This total may not exceed Line A3.)5

B. Problem areas

Multiple responses permitted.

1. Individual requests information2
2. Communication problems between individual and VR counselor9
3. Conflict about VR services to be provided12
4. Related to VR application/eligibility process3
5. Related to assignment to order of selection priority category3
6. Related to IPE development/implementation
  1. Selection of vendors for provision of VR services
  2. Selection of training, post-secondary education
  3. Selection of employment outcome
  4. Transition services
7
7. Related to independent living services1
8. Other Rehabilitation Act-related problems0
9. Non-Rehabilitation Act related
  1. TANF
  2. SSI/SSDI
  3. Housing
  4. Other:
1
10. Related to Title I of the ADA0

C. Intervention Strategies for closed cases

(Choose one primary service the CAP provided for each closed case file. There may be more case files than actual individuals served.)

1. Short Term Technical Assistance7
2. Investigation/Monitoring4
3. Negotiation2
4. Mediation and other methods of Alternative Dispute Resolution3
5. Administrative / Informal Review0
6. Formal appeal / Fair Hearing0
7. Legal remedy / Litigation0
8. Total16

D. Reasons for closing individuals' case files

(Choose one primary reason for closing each case file. There may be more case files than the total number of individuals served.)

Referral to another disability rights agency

1. All issues resolved in individual's favor5
2. Some issues resolved in individual's favor (when there are multiple issues)0
3. CAP determines VR agency position/decision was appropriate for the individual4
4. Individual's case lacks legal merit; (inappropriate for CAP intervention)0
5. Individual chose alternative representation0
6. Individual withdrew complaint3
7. Issue not resolved in clients favor0
8. CAP services not needed due to individual's death, relocation, etc.1
9. Individual not responsive/cooperative with CAP2
10. CAP unable to take case due to lack of resources0
11. Conflict of interest0
12. Other (Please explain below)1

E. Results achieved for individuals

(Choose one primary outcome for each closed case file. There may be more case files than the total number of individuals served.)

1. Controlling law/policy explained to individual5
2. Application for services completed1
3. Eligibility determination expedited2
4. Individual participated in evaluation0
5. IPE developed/implemented/Services Provided3
6. Communication re-established between individual and other party2
7. Individual assigned to new counselor/office1
8. Alternative resources identified for individual2
9. ADA/504/EEO/OCR complaint made0
10. Other (Please explain below)0

Part III. Program Data

A. Age

Multiple responses not permitted.

1. Up to 181
2. 19 - 242
3. 25 - 403
4. 41 - 649
5. 65 and over6
6. Total (Sum of Lines A1 through A5. Total must equal Part II, Line A3.)21

B. Gender

Multiple responses not permitted.

1. Females9
2. Males12
3. Total (Lines B1+B2. Total must equal Part II, Line A3.)21

C. Race/ethnicity of Individuals Served

1. Hispanic/Latino of any race (for individuals who are non-Hispanic/Latino only)0
2. American Indian or Alaskan Native0
3. Asian0
4. Black or African American3
5. Native Hawaiian or Other Pacific Islander0
6. White16
7. Two or more races2
8. Race/ethnicity unknown0

D. Primary disabling condition of individuals served

Multiple responses not permitted.

1. Acquired Brain Injury1
2. ADD/ADHD1
3. AIDS/HIV0
4. Amputations or Absence of Extremities0
5. Arthritis or Rheumatism0
6. Anxiety Disorder2
7. Autism Spectrum Disorder0
8. Autoimmune or Immune Deficiencies (excluding AIDS/HIV)0
9. Blindness (Both Eyes)0
10. Other Visual Impairments (Not Blind)1
11. Cancer0
12. Cerebral Palsy1
13. Deafness0
14. Hard of Hearing/Hearing Impaired (Not Deaf)1
15. Deaf-Blind1
16. Diabetes0
17. Digestive Disorders0
18. Epilepsy0
19. Heart & Other Circulatory Conditions1
20. Intellectual Disability0
21. Mental Illness6
22. Multiple Sclerosis0
23. Muscular Dystrophy0
24. Muscular/Skeletal Impairment1
25. Neurological Disorders/Impairment1
26. Orthopedic Impairments1
27. Personality Disorders0
28. Respiratory Disorders/Impairment0
29. Skin Conditions0
30. Specific Learning Disabilities (SLD)1
31. Speech Impairments0
32. Spina Bifida1
33. Substance Abuse (Alcohol or Drugs)0
34. Other Disability1
35. Total (Sum of Lines D1through D34. Total must equal Part II, Line A3.)21

E. Types of Individual Served

Multiple responses permitted.

1. Applicant of VR18
2. Individual eligible for VR services currently on a wait list4
3. Individual eligible for VR services not currently on a wait list3
4. Applicant or individual eligible for Independent Living1
5. Transition student/High school student1
6. All other applicants or individuals eligible for other programs or projects funded unther Rehabilitation Act3

Part IV. Systemic Activities and Litigation

A. Non-Litigation Systemic Activities

CAP brought to the attention of statewide council and OVR management concerns regarding challenges faced by mental health consumers in their search for positive employment outcomes.

CAP has filed mediation and fair hearings to address the issues faced by clients with mental illness. These consumers are having conflicts with OVR staff in implementing their Individualized Plans of Employment. In some instances, the IPE’s have been adjusted. However, these consumers have lingered in the OVR system for several years. OVR has focused the fault on the consumer’s mental health issues as the reason for the lack of progress. The consumers are experiencing frustration and anger because of this lack of progress. CAP perceives this as a systemic issue and is partnering and consulting with other agencies/organizations including other CAP agencies to help find solutions.. CAP has taken a more aggressive approach, by requesting mediation and administrative hearings to address the issue of services provided to persons with mental health issues. this has resulted in better outcomes for clients and agencies being more mindful of their service provision..

1. Number of non-litigation systemic activities not involving individual representation that resulted in the change of one or more policy or practice of an agency.1
2. Describe the systemic activities conducted by CAP during the fiscal year and its impact on other agency's policies or practices.

B. Litigation

None

1. Total number of CAP cases requiring litigation involving individual representation resulting in, or with the potential for, systemic change.
a. Number of cases requiring litigation involving individual representation filed during fiscal year.0
b. Number of on-going cases pending at start of fiscal year (carryover from prior fiscal year).0
c. Number of cases resolved through litigation during fiscal year.0
2. Describe the agency's on-going and completed systemic litigation activities involving individual representation.

Part V. Agency Information

A. Designated Agency

1. Agency Type (select only one option) Internal to the State VR agency
2. Name of designate agencyClient Assistance Program
3. Is the designated agency contracting CAP services?No
4. If yes, name of contracting agency:NA

B. Staff Employed

Provide a description of all CAP positions (see instructions)

Consumer Ombudsman, Cynthia Elliott, serves in the role of Director and Advocate

Administrative Assistant III, Lisa Fort, processes intake, disseminates Information and Referral, oversees Data maintenance and entry.

Part VI. Case Examples

Provide some examples of some interesting cases during the past fiscal year.

1. Consumer is a paraplegic who had been negotiating with OVR for several months for assistance in purchasing a power wheelchair. The consumer needed a more robust and motorized wheelchair to perform his job. OVR questioned the necessity of the particular type of wheelchair and withheld approval. Due to the closing of OVR’s local office in the consumer’s area and staff turnover, the consumer had difficulty communicating with OVR and did not know who to contact. He was running out of options, because the wheel chair kept running out of power while he was performing his job. Consequently, out of necessity, Consumer purchased the power wheelchair without preapproval. After the purchase, the consumer became responsible for a substantial copay. The provider kept harassing consumer for the copayment and eventually sent the bill to collections. OVR refused to pay the copay because of the lack of preauthorization. CAP intervened, contacted the collection agency to cease and desist from contacting Consumer and then requested mediation. After mediation OVR agreed to make the copay with some stipulations concerning repairs and future authorizations.

2. Consumer was having a personal conflict with OVR counselor which was impeding progress towards employment goals. Consumer requested a transfer to another counselor or office. OVR refused, citing concern for setting a bad precedent. CAP intervened and Consumer was able to get reassigned to another office.

3. Consumer is a parapalegic who was employed, but was at risk of losing employment because of services needed to update her van modification. OVR had assisted with modification in the past. Because of the order of selection, consumer was classified as a level 2 and placed on a waiting list. Cap filed a request for mediation alleging that OVR did not take into full consideration other functional limitations related to work skills which might elevate consumer to a level 1 category. On the eve of the mediation hearing, OVR was authorized to begin serving persons in level 2 on the waiting list. The mediation conference was cancelled so ultimately consumer had a positive outcome

4. Consumer recently experienced visual loss, which impacted his ability to perform his job. He was seeking specialized training to learn skills to utilize his computer, as well as alterations to his computer screen images or reading typed text. Some of the accommodations were provided by his employer, except training. Although OVR was in the process of finding training, their delay was impacting his performance on his job. CAP intervened and contacted the OVR counselor and was able to expedite the services the consumer needed. Consumer is actively receiving training.

5. Consumer was seeking assistance with the purchase of a wheelchair. The delay in processing her request was impeding her mobility and job options. CAP was able to negotiate with OVR and expedite the process

6. Consumer was experiencing numerous delays in the completion of his van modification. After CAP intervention the process was expedited and completed.

7. Consumer was in college and having difficulty with OVR paying for books and tuition due to OVR’s belief, that consumer was not a good candidate for post-secondary education. After CAP intervention, the issues were resolved and OVR paid for tuition and books. Consumer began making progress and is on track for graduation from college

Certification

Reports are to be submitted to RSA within 90 days after the end of the fiscal year covered by this report. Please be reminded that you can enter data directly into RSA's website via the internet. Information on transmittal of the form is found on pages 19 and 20 of the reporting instructions.

Name of Designated Agency OfficialCynthia E. Elliott
Title of Designated Agency OfficialConsumer Ombudsman
Date Signed10/23/2018