RSA-509 - Protection & Advocacy of Individual Rights (PAIR) Program Performance Report

Hawaii (Hawaii Disability Rights Center) - H240A110012 - FY2011

General Information

Designated Agency Identification

NameHAWAII DISABILITY RIGHTS CENTER
Address1132 BISHOP STREET
Address Line 2SUITE 2102
CityHONOLULU
StateHawaii
Zip Code96813
E-mail AddressINFO@HAWAIIDISABILITYRIGHTS.ORG
Website AddressHTTP://WWW.HAWAIIDISABILITYRIGHTS.ORG
Phone808-949-2922
TTY 808-949-2922
Toll-free Phone800-882-1057
Toll-free TTY800-882-1057
Fax808-949-2928
Name of P&A Executive DirectorLouis Erteschik
Name of PAIR Director/CoordinatorLouis Erteschik
Person to contact regarding reportAnn E. Collins
Contact Person phone808-949-2922
Ext.204

Part I. Non-Case Services

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

Multiple responses are not permitted.

1. Individuals receiving I&R within PAIR priority areas0
2. Individuals receiving I&R outside PAIR priority areas568
3. Total individuals receiving I&R (lines A1 + A2)568

B. Training Activities

1. Number of trainings presented by PAIR staff16
2. Number of individuals who attended training (approximate)249

HDRC staff routinely presents Education and Training Workshops about "Our Clients, Our Services" during the fiscal year. Our PAIR presentation addresses an overview of the program, and includes our agency responsibilities under the law - to provide information on available services under the Rehabilitation Act of 1973, and how it helps people with disabilities obtain services through the P&A system. It identifies the types of civil and legal rights issues that HDRC may address for consumers, and the outcomes we strive to achieve.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff4
2. Newspaper/magazine/journal articles1
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website479,294
5. Publications/booklets/brochures disseminated2,180
6. Other (specify separately)1

Narrative

May is Mental Health Month Ad

Part II. Individuals Served

A. Individuals Served

Count individual once per FY. Multiple counts not permitted for lines A1 through A3.

1. Individuals still served as of October 1 (carryover from prior FY)51
2. Additional individuals served during the year102
3. Total individuals served (lines A1 + A2)153
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)15

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 27

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility28
2. Employment7
3. Program access7
4. Housing18
5. Government benefits/services49
6. Transportation0
7. Education2
8. Assistive technology0
9. Voting0
10. Health care8
11. Insurance0
12. Non-government services4
13. Privacy rights21
14. Access to records0
15. Abuse2
16. Neglect0
17. Other7

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor102
2. Other representation found0
3. Individual withdrew complaint14
4. Appeals unsuccessful5
5. PAIR Services not needed due to individual's death, relocation etc.1
6. PAIR withdrew from case7
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit7
9. Other0

Please explain

E. Intervention Strategies Used in Serving Individuals

List the highest level of intervention used by PAIR prior to closing each case file.

1. Technical assistance in self-advocacy10
2. Short-term assistance62
3. Investigation/monitoring36
4. Negotiation12
5. Mediation/alternative dispute resolution1
6. Administrative hearings17
7. Litigation (including class actions)2
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 41
2. 5 - 228
3. 23 - 5996
4. 60 - 6422
5. 65 and over26

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females70
2. Males83

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race3
2. American Indian or Alaskan Native0
3. Asian27
4. Black or African American6
5. Native Hawaiian or Other Pacific Islander48
6. White69
7. Two or more races0
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent79
2. Parental or other family home62
3. Community residential home3
4. Foster care1
5. Nursing home1
6. Public institutional living arrangement1
7. Private institutional living arrangement2
8. Jail/prison/detention center1
9. Homeless3
10. Other living arrangements0
11. Living arrangements not known0

E. Primary Disability of Individuals Served

Identify the individual's primary disability, namely the one directly related to the issues/complaints

1. Blind/visual impairment7
2. Deaf/hard of hearing7
3. Deaf-blind0
4. Orthopedic impairment40
5. Mental illness6
6. Substance abuse0
7. Mental retardation0
8. Learning disability1
9. Neurological impairment28
10. Respiratory impairment4
11. Heart/other circulatory impairment30
12. Muscular/skeletal impairment25
13. Speech impairment0
14. AIDS/HIV2
15. Traumatic brain injury0
16. Other disability3

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities3

2. Number of individuals potentially impacted by policy changes2,000

Describe your systemic activities. Be sure to include information about the policies that were changed and how these changes benefit individuals with disabilities. Include case examples of how your systemic activities impacted individuals served.

AFFORDABLE AND ACCESSIBLE HOUSINGA PAIR priority continues to focus on affordable and accessible housing. HDRC coordinated with two law firms: Alston, Hunt, Floyd & Ing; and Lawyers for Equal Justice (a Hawaii non-profit), to discuss potential litigation over the State of Hawaii’s lack of accessible housing. The State is required to have 5% of its total housing to be accessible for the disabled. The lawsuit involved two state-owned properties: Kuhio Park Terrace and Mayor Wright Housing. As a result of the lawsuit, more accessible units became available to the disabled and repairs were made to the existing accessible units. HDRC discussed its interest in broadening the housing accessibility issue to include more State Housing properties after legal issues with the two properties are settled this year.

Legislation

HDRC monitored legislation relating to affordable and accessible housing at the State Legislature and supported the following bills:

SB 12 - Authorizes the Hawaii Housing and Finance Development Corporation to facilitate the delivery of affordable housing as part of the transit-oriented development by making grants-in-aid to counties to expedite permit processing through the use of county third party review programs. Makes appropriation for grants-in-aid.

SB 697 - Establishes a commission on transit-oriented development to facilitate affordable housing in transit-oriented developments by improving coordination of transportation and housing planning and programs; requires counties to offer incentives for affordable housing development; authorizes counties to establish priorities for affordable housing in transit-oriented developments; requires counties to provide flexibility in public facility requirements for rental housing projects to set aside a percentage of units for tenants at or below median income levels and tenants with incomes eighty per cent or below the median, respectively.

SB 899 - Requires the Hawaii Housing Finance and Development Corporation to identify public and private properties suitable for multi-unit development and to report its findings to the Governor and the Legislature. Makes unspecified appropriations out of rental housing trust fund and dwelling unit revolving fund.

SB 1027 - Extends the window for the legislative body of a county to approve, approve with modification, or disapprove an affordable housing project from 45 days to 60 days, when the legislative body determines circumstances requiring additional time.

SB 1199 - Requires the Hawaii Housing Finance and Development Corporation and housing project developers to seek input from the public, legislators, and neighborhood board members prior to the approval of an application for certain exemptions by the corporation.

HB171 - Extends the window for the legislative body of a county to approve, approve with modification, or disapprove an affordable housing project from 45 days to 60 days, when the legislative body determines circumstances requiring additional time.

HB 899 - Makes appropriations to improve the existing public and affordable housing stock and increase public and affordable housing units in the State of Hawaii.

HB 1013 - Establishes a program for granting low-income housing tax credit loans in lieu of low-income housing tax credits administered by the Hawaii Housing Finance and Development Corporation and authorizes issuance of general obligation bonds to fund loans.

HB 1075 - Makes the reasonable accommodations provisions in state fair housing law consistent with federal Fair Housing Act case law and interpretations

HB 1250 - Requires the Hawaii Housing Finance and Development Corporation to identify public and private properties suitable for multi-unit development and report its findings to the Governor and the Legislature. Makes unspecified appropriations out of rental housing trust fund and dwelling unit revolving fund.

HB 1392 - Requires ministerial permits to be issued by the State or any county within sixty days of receipt of a permit application deemed to be complete by the receiving State or county agency.

HB 1508 - Establishes a program for granting low-income housing tax credit loans in lieu of low-income housing tax credits administered by the Hawaii Housing Finance and Development Corporation; authorizes the issuance of GO bonds to fund loans.

HCR 280 - Requesting the Hawaii Public Housing Authority to develop strategies that would increase access to public housing for qualified candidates.

Housing Training

Staff training for HDRC Attorneys and Advocates on housing issues, including affordable and accessible housing laws and enforcement, are planned for the next reporting period with the Housing and Urban Development and Legal Aid Society.

Fair Housing Collaboration

HDRC was invited to join a collaborative group to discuss fair housing issues in accordance with its PAIR priorities of affordable and accessible housing. The agencies included the U.S. Department of Housing and Urban Development; the Hawaii Public Housing Authority; the City and County of Honolulu; the County of Maui; the County of Hawaii; Kauai County; Legal Aid Society; and the Office of Hawaiian Affairs. Topics recently discussed were a Fair Housing Training DVD; HUD’s Proposed Rule; 24 CFR Parts 5, 200, 203, 236, 570, 574, and 982; Equal Access to Housing in HUD programs - regardless of Sexual Orientation or Gender Identity; State and Federal requirement of LEP Plan; and an update of the Westchester, NY Compliance Decree. Future topics will include the White House Initiative on Asian Americans & Pacific Islanders; serving Micronesians under Community Development Block Grant (CDBG) funds; and medical marijuana.

DISABLED PRISONER

In the past year, we represented several clients at Halawa Prison who were individuals with disabilities that were not related to a mental illness. We thoroughly investigated an incident that was widely reported in the newspaper wherein an inmate was beaten by the prison guards. At least two attorneys and an advocate spent hours at the prison reviewing the records. At the conclusion, we were able to provide the results of our detailed investigation to a private attorney that had been retained to represent the inmate in a suit for personal injuries. We continue to monitor the prison facilities with an eye towards ensuring that individuals with disabilities receive their appropriate treatment. We also have had a few meetings with the Administrator of all the health and medical programs in the prisons at the Department of Public Safety. We have established a good working relationship with him and he has been responsive to our inquiries. We are also anticipating his presence at an upcoming staff training that we intend to conduct in January, 2012.

HANDI-VANThe DTS continues to address ADA compliance issues in four areas relating to equipment and operations.

1. Improve and upgrade fixed assets

a. Expand and diversify TheHandi-Van fleet. TheHandi-Van fleet presently totals 165 vehicles, the majority of which are “traditional” 25-foot cutaways with multiple wheelchair positions, but also includes 17’ mini-vans. The City is working to procure vehicles on a regular basis to replace those vehicles at or beyond service life guidelines.

FY Placed In Service No. Vehicles Added
2007 2008 34 20
2009 28
2010 0
2011 0
2012 38

b. Increase use of supplemental taxis. Private supplemental cab and lift van providers presently supply about 12.2% of all paratransit trips.

c. Upgrade communications system. The installation of new communications equipment, with automatic vehicle locator functions and mobile display terminals, which was initiated in FY2008 is expected to be complete by the end of Calendar Year 2011.

2. Better manage service demand.

a. Improve eligibility screening. The City’s TheHandi-Van Eligibility Center began operations in October 2009, and provides in-person functional assessments of all new and renewal TheHandi-Van applicants. The Center also provides travel training for those TheHandi-Van customers who can use the fixed route service, TheBus, for some of their trips.

FY Total No. Determinations Completed Travel Training
20102,551 in-person assessments only (4,115 with applicants processed through the former paper application system)14
2011373622

3. Better manage operations

  1. Improve scheduling. During FY 2011, analysis by Innovative Paradigms (IP), DTS’ mobility management consultant (working through the City’s Human Services Transportation Coordination Program) indicated that significant improvements in TheHandi-Van service and reliability could be achieved through efficient use of the scheduling software and adoption of real time reservation procedures. IP prepared 2 reports regarding the use of Trapeze by OTS for Handi-Van scheduling. These were based in large part on an on-site review of scheduling procedures by OTS conducted in November 2010. Both reports were reviewed by the staffs of both DTS and OTS. A decision was made in September, 2011 to move forward with implementation of the recommendations. The target for implementing real time scheduling is the first week of February 2012.

4. Coordinate with other human services transportation providers through agency-provided trips. The success of the Goodwill agency-provided trips project at taking subscription riders off TheHandi-Van rolls while improving the quality and reliability of the home-to-program commute for day program participants has encouraged other human service agencies to consider initiating similar projects. The Salvation Army is the latest to be initiating its own agency-provided trips project.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts73
2. Number of individuals named in class actions0

Describe your litigation/class action activities. Explain how individuals with disabilities benefited from your litigation activities. Be sure to include case examples that demonstrate the impact of your litigation.

Litigation cases including 20 administrative hearings and 1 state court action.

We assisted at appeals hearings to help clients obtain Social Security and medicaid benefits to which they were entitled but which had been previously denied. We also assisted clients when they required FAPE in public school setting.Case Example: Client is an 11-year-old blind male, who has chronic lung disease and requires a tracheostomy breathing tube and a gastrostomy feeding tube. Client is in the medically fragile category. Client has difficulty communicating because of frequent behavioral outbursts. Client’s mother requested HDRC assistance regarding Department of Human Services’ (DHS) plan to reduce nursing services for Client from 50 hours per week to 25 hours per week.

HDRC filed a formal hearing with DHS requesting that the nursing services not be reduced based on the severity of Client’s needs. Prior to the formal hearing, HDRC provided additional medical evidence to DHS and the health plan. As a result, HDRC successfully negotiated the maintenance of 50 hours per week of nursing services for Client.

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 1 (1A) Description: Care and Treatment: Freedom from Abuse and NeglectNeed, Issue or Barrier: People with disabilities will receive care and treatment that is appropriate and provided in the least restrictive environment.Indicators: PAIR will open 5 individual cases to investigate and rectify allegations of abuse and neglect (particularly seclusion and restraint) of people with disabilities in 24 hour residential care. System: Monitoring the treatment of disabled (non-mentally ill) inmates, who may be subject to physical abuse at Hawaii correctional facilities. Conduct random review of prison records.Collaboration: N/ANumber of cases handled: 2 cases and 1 system case

Case Summary: A state representative asked HDRC to investigate the death of a 77 year-old man with degenerative joint disease who was in the care of a community care foster home on the Big Island of Hawaii. He paid privately for his care, as did his wife, who lived with him. In an effort to provide housing for Medicaid clients, State law was amended in 2004 to prohibit two private pay patients from living in the same care home. The husband was therefore transferred to a different care home, thus separating him from his wife. He called his wife daily and begged to be reunited, but nothing was done. He stopped eating when he was transferred and died a week later because of the stress he suffered by being separated from his wife. Employees of the Hawaii Department of Human Services refused to speak with HDRC investigators. State law was later changed to allow two private pay individuals to live in the same care home if they are closely related under a demonstration program that ends on April 22, 2011.

(See PART IV. System Activities and Litigation: DISABLED PRISONERS)

Priority 2 (1C) Description: Care and Treatment: Freedom from discrimination and stigmaNeed, Issue or Barrier: People with disabilities will receive care and treatment that is appropriate and provided in the least restrictive environment.Indicators: PAIR will open 5 cases to advocate for People with disabilities to live in the least restrictive environment. PAIR will identify and visit (6 visits) selected acute facilities to introduce current patients to PAIR.Collaboration: Adult Residential Care Homes and Expanded ARCH’sNumber of cases handled: 4 casesCase Summary: Client is a 36 year old female with brittle bone disease and arthritis. Client requested HDRC assistance with her complaint of improper placement and lack of appropriate treatment. Client was placed in a care home after being hospitalized due to her condition. Client needed additional therapy but was being denied by Ohana Health Care, her insurance carrier. HDRC staff attorney filed an appeal for the denial of additional therapy, worked with clients doctor to verify the recommendations and negotiated with Ohana Health CEO, Erhardt Preitauer. Due to HDRC intervention, Ohana Health agreed to transfer Client from the care home to an intermediate care facility where she would receive the appropriate care and treatment. HDRC staff attorney withdrew the formal request for appeal. Therapies client received at the intermediate care facility allowed her to return to her home and live independently in the community.

Priority 3 (1D) Description: Care and Treatment: Self-DeterminationNeed, Issue or Barrier: People with disabilities make their own decisions about their care and treatment.Indicators: PAIR will open 35 cases to prepare Advance Health Care Directives for people with disabilities. PAIR will identify and visit (6 visits) selected long term care and acute facilities to introduce current patients to PAIR and to identify potential Advance Directives clients. PAIR will provide 6 Advance Directives education/training for the staff and/or patients/families of selected long term care and acute facilities. PAIR will distribute 100 Advance Directives materials to selected long term care and acute facilities.Collaboration: N/ANumber of cases handled: 19 cases, 10 education/trainings and 233 materials distributedCase Summary: Client is an 84 year old female with cancer who was interested in completing an Advanced Health Care Directive. HDRC Advocate met client at an outreach presentation at Kokua Kalihi Valley Senior Program. Advocate met with client privately the following week and completed the directive form. Advocate assisted Client having the directive notarized and provided her with the original as well as a wallet card. Advocate mailed copies of the Advanced Directive to client’s agents and service providers.Priority 4 (2B) Description: Citizenship: Accessible CommunitiesNeed, Issue or Barrier: Public facilities are accessible to people with disabilities.Indicators: PAIR will represent 35 individuals with disabilities with complaints of inaccessible public facilities. PAIR will conduct 30 site surveys of public facilities to determine compliance with Title III of the ADA. PAIR will distribute 150 Accessible Communities brochures and other printed materials about Title III of the ADA.Collaboration: N/ANumber of cases handled: 29 cases and 206 materials distributedCase Summary: Client is a 60 year old female with orthopedic and arthritis problems. Client needed leg therapy in a heated pool at a Physical Therapy Center. She had wanted to have therapy at a Center she had used before for other reasons. When the client arrived at the Therapy Center she noticed that the doorway and counter tops were inaccessible. Client called HDRC to request we investigate the accessibility of the Therapy Center. After an HDRC site survey was completed, it was determined that several ADA Title III violations were present. HDRC Attorney wrote the owner and manager of the business to point out several violations. Among the violations discovered were inaccessible access routes, counter tops, bathrooms and doorways. The owner and attorney responded that they will be contacting an ADA Planning Consultant to attempt to ascertain the specific violations, and remedies to make the business ADA compliant. Owner and Attorney are willing to make changes to comply with the ADA. Priority 5 (4C) Description: Employment: Freedom from discrimination and stigmaNeed, Issue or Barrier: People with disabilities receive training and are accommodated in recruitment, hiring, employment and advancement.Indicators: PAIR will represent 10 people with disabilities to obtain relief from disability discrimination in employment, or with unemployment insurance appeals. PAIR will visit 12 identified un- and under-served communities to provide information about reasonable accommodation in the workplace. PAIR will distribute 200 Employment brochures. Collaboration: N/ANumber of cases handled: 4 cases and 440 materials distributedCase Summary: Client is a 44 year old male who has nerve damage in his feet (from a gunshot wound) and diabetes. Client requested HDRC assist him in obtaining an accommodation from his employer to complete his job as an usher at seasonal football games. He needed to wear special shoes for support and take breaks during work shift. Through several intensive negotiations, the HDRC Attorney obtained the client’s accommodation allowing client to use his orthopedic shoes and take a seating break every 15 minutes. He also was placed at a level area of the Stadium that allowed him to perform his job duties. Client attended several games at the Stadium and completed his job successfully with the accommodations that HDRC obtained. Priority 6 (6A) Description: Housing: Freedom from Abuse and NeglectNeed, Issue or Barrier: People with disabilities are not abused nor neglected in their homes.Indicators: PAIR will represent 15 people with disabilities who have complaints of abuse by their housing providers.Collaboration: N/ANumber of cases handled: 6 casesCase Summary: JS is a 69 year old female living in Kona on the Big Island of Hawaii suffering from a variety of physical and medical problems. She resides in a Senior Affordable Housing project with HUD subsidy. She requested HDRC assistance due to constant verbal and written harassment by the maintenance supervisor. She claimed that maintenance supervisor engaged in unlawful inspections, changed without notice established rules and regulation, threatened any infraction with eviction notice, violated many of the landlord tenant codes, as well as being verbally abusive. HDRC met with client and reviewed rental contract and arranged for a meeting with Property manager and maintenance supervisor to resolve client’s complaints. At the end of the meeting both client and advocate were satisfied with the resolution; however one week later client and three other tenants called to report that unsanctioned eviction letters were again surfacing from maintenance supervisor. To further complicate matters, maintenance supervisor was corralling his supporters against client creating a very hostile living environment. HDRC advocate worked with property manager to hold a tenant meeting to clear the air and discuss tenant rights and project policy/procedures such as all letters to the tenants are to come from property manager and that any changes in project policy/procedures would be given for tenant review and comments prior to change/implementation. Priority 7 (6B) Description: Housing: Accessible CommunitiesNeed, Issue or Barrier: People with disabilities have accessible homes.Indicators: PAIR will advocate for an increase in the number of accessible units to bring the Hawaii Public Housing Authority into compliance with the ADA and Section 504.Collaboration: N/ANumber of cases handled: 1 system caseCase Summary: See PART IV. Systemic Activities and Litigation - AFFORDABLE AND ACCESSIBLE HOUSINGPriority 8 (6C) Description: Housing: Freedom from discrimination and stigmaNeed, Issue or Barrier: People with disabilities are not denied homes in their community; and are allowed to keep their service or companion animal in their home.Indicators: PAIR will represent 10 people with disabilities with complaints of housing discrimination (eligibility, accessibility, eviction and service/companion animal accommodation). PAIR will distribute 200 Service & Companion Animal Rights information to Homeowners Associations.

Collaboration: N/ANumber of cases handled: 5 cases and 197 materials distributedCase Summary: Client’s neighbor in condo complained about scooter being parked outside client’s door. HDRC advocate ascertained that client had a letter from his doctor stating the need for the scooter to accommodate a mobility impairment; resident manager noted no violation of condo rules; and fire department stated that parking scooter outside door to client’s residence did not present safety hazard. Advocate suggested that parking area be marked with yellow tape to assist client (who has dementia) in parking scooter in the designated area.

Priority 9 (8C) Description: Programs and Services: Freedom from discrimination and stigma.Need, Issue or Barrier: People with disabilities obtain assistive technology, mental health services, general assistance, food stamps, TANF, IL services, Medicaid/Medicare and Social Security benefits to which they are entitled.Indicators: PAIR will represent 85 People with disabilities to appeal denials of applications for services to which they may be entitled. PAIR will monitor and enforce HandiVan’s compliance with the Bunch v. City & County of Honolulu Settlement Agreement. PAIR will visit (12 visits) un- and underserved communities (disability, ethnic and geographic, as identified through monthly reports) to introduce their members with disabilities to PAIR. PAIR will provide 4 education/training for un- and underserved communities on programs and services entitlements.Number of cases handled: 50 cases, 1 system case, 29 visits, 5 education/trainings and 851 materials distributedCase Summary: Client is a 66-year-old male (Client) with chronic pain and multiple physical impairments, including a failed knee replacement. He applied for and was denied twice for Social Security Disability Insurance (SSDI) benefits. Client requested HDRC assistance with his SSDI appeal hearing. HDRC Advocate (Advocate) worked with Client to obtain additional medical evidence to submit for the hearing. Advocate attended the hearing as Client’s representative. As a result, Client received a favorable decision and he is currently receiving SSDI benefits, retroactive to 2008.See PART IV. Systemic Activities and Litigation - HANDIVAN

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 1 (1A) Description: Care and Treatment: Freedom from Abuse and NeglectNeed, Issue or Barrier: People with disabilities in homes and facilities providing 24-hour care and treatment are not abused nor neglected.Indicators: PAIR will open 5 individual cases to investigate and rectify allegations of abuse and neglect (particularly seclusion and restraint) of people with disabilities in 24 hour residential care. (System Case) Monitoring the treatment of disabled (non-mentally ill) inmates, who may be subject to physical abuse at Hawaii correctional facilities. Conduct random review of prison records.Priority 2 (1C) Description: Care and Treatment: Freedom from discrimination and stigmaNeed, Issue or Barrier: People with disabilities will receive care and treatment that is appropriate and provided in the least restrictive environment.Indicators: PAIR will open 5 cases to advocate for People with disabilities to live in the least restrictive environment.Collaboration: Adult Residential Care Homes and Expanded ARCH’sPriority 3 (1D) Description: Care and Treatment: Self-DeterminationNeed, Issue or Barrier: People with disabilities make their own decisions about their care and treatment.Indicators: PAIR will open 35 cases to prepare Advance Health Care Directives for people with disabilities. PAIR will identify and visit (6 visits) selected long term care and acute facilities to introduce current patients to PAIR and to identify potential Advance Directives clients. PAIR will provide 6 Advance Directives education/training for the staff and/or patients/families of selected long term care and acute facilities. PAIR will distribute 100 Advance Directives materials to selected long term care and acute facilities.Priority 4 (2B) Description: Citizenship: Accessible CommunitiesNeed, Issue or Barrier: Public facilities are accessible to people with disabilities.Indicators: PAIR will represent 25 individuals with disabilities with complaints of inaccessible public facilities. PAIR will conduct 30 site surveys of public facilities to determine compliance with Title III of the ADA. PAIR will distribute 150 Accessible Communities brochures and other printed materials about Title III of the ADA.Priority 5 (4C) Description: Employment: Freedom from discrimination and stigmaNeed, Issue or Barrier: People with disabilities receive training and are accommodated in recruitment, hiring, employment and advancement.Indicators: PAIR will represent 5 people with disabilities to obtain relief from disability discrimination in employment, or with unemployment insurance appeals. PAIR will visit 12 identified un- and under-served communities to provide information about reasonable accommodation in the workplace. PAIR will distribute 200 Employment brochures. Priority 6 (6A) Description: Housing: Freedom from Abuse and NeglectNeed, Issue or Barrier: People with disabilities are not abused nor neglected in their homes.Indicators: PAIR will represent 5 people with disabilities who have complaints of abuse by their housing providers.Priority 7 (6B) Description: Housing: Accessible CommunitiesNeed, Issue or Barrier: People with disabilities have accessible homes.Indicators: (System Case) PAIR will advocate for an increase in the number of accessible units to bring the Hawaii Public Housing Authority into compliance with the ADA and Section 504.Priority 8 (6C) Description: Housing: Freedom from discrimination and stigmaNeed, Issue or Barrier: People with disabilities are not denied homes in their community.Indicators: PAIR will represent 5 people with disabilities with complaints of housing discrimination (eligibility and accessibility).Priority 9 (8C) Description: Programs and Services: Freedom from discrimination and stigma.Need, Issue or Barrier: People with disabilities obtain assistive technology, general assistance, food stamps, TANF, IL services, Medicaid/Medicare and Social Security benefits to which they are entitled.Indicators: PAIR will represent 40 People with disabilities to appeal denials of applications for services to which they may be entitled. (System Case) PAIR will monitor and enforce HandiVan’s compliance with the Bunch v. City & County of Honolulu Settlement Agreement. PAIR will visit (12 visits) un- and underserved communities (disability, ethnic and geographic, as identified through monthly reports) to introduce their members with disabilities to PAIR. PAIR will provide 4 education/training to un- and underserved communities on programs and services entitlements.

Part VI. 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
  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

A. Sources of funds received and expended

Source of Funding Amount Received Amount Spent

Federal (section 509) $175,984 $162,896

State 0 0

Program income 0 0

All other funds

Total (from all sources) $175,984 $ 162,896

B. Budget for the fiscal year covered by this report

Budget for the fiscal year covered by the report (prior fiscal year), as well as a projection for the current fiscal year:

FY2011 FY2012

Salaries 92,264 105,352

Temporary Service 108 108

Employer’s FICA 7,386 7,386

State Unemployment 615 615

Worker’s Compensation 483 483

Temporary Disability Insurance 399 399

Medical/Dental Insurance 7,306 7,306

Simplified Pension Plan 7,031 7,031

Group Life Insurance 676 676

LTD 148 148

Professional Associations 980 980

Books & Subscriptions 1,858 1,858

Meeting Expense 375 375

Air Travel 1,278 1,278

Meals and Incidentals 106 106

Accommodations 324 324

Auto Allowance and Expense 840 840

Misc./Business Expense 9 9

Conference and Seminars 182 182

Advocacy/Staff Training 10 10

Lease 14,847 14,847

Neighbor Island Lease 326 326

Parking Lease 908 908

Mileage 640 640

Telephones 2,057 2,057

Office Repairs/Maintenance 132 132

Equipment/Furniture Rental 2,923 2,923

Equipment Maintenance 504 504

Computer Maintenance 525 525

Office Supplies 615 615

Paper Supplies 274 274

Copying 72 72

Postage/Freight 872 872

Parking Validations 234 234

Agency Insurance 4,421 4,421

Bank Charges 31 31

Media Advertisement 140 140

Office Relocation 4,048 4,048

Furniture & Fixtures 64 64

Office Equipment 94 94

Computer Software 11 11

Audit 2,315 2,315

Programming Services 3,691 3,691

Software Support Services 168 168

Payroll Services 372 372

Other Professional Services ____234 234

TOTAL 162,896 175,633

C. Description of PAIR staff (duties and person-years)

Type of Position FTE % of year filled Person-years

Professional

Full-time 16 100% 1.6

Part-time 4 100% 0.2

Vacant 0 0% 0

Clerical

Full-time 1 100% 0.1

Part-time 0 0% 0

Vacant 0 0% 0

D. Involvement with advisory boards (if any)

HDRC provides PAIR involvement through Governor appointed memberships on the State Rehabilitation Council, the DD Council, the Honolulu Sub Area Health Council and the Juvenile Justice Advisory Council. It also regularly monitors or attends the Neurotrauma Advisory Board. These provide opportunities to participate in state planning efforts for programs and services designed to enhance the lives of people with disabilities by promoting systemic change within government operated programs and in developing and maintaining a network of relationships with government and non profit agencies, health care professionals and service providers.

For several years, our PAIR involvement focused much effort on raising awareness of problems relating to lack of capacity in our communities to adequately care for the population of individuals with disabilities. While those issues have remained, as a result of our efforts there has been a greater trend toward developing the needed capacity in the community to care for these individuals with in a less restrictive setting . While waitlists for care homes for challenging patients continue, they have decreased and facilities have rarely if ever raised the specter of an out of state transfer. As a result, while our PAIR activities have still monitored those issues, they have broadened into such areas as advocating for employment and housing opportunities, and greater funding for services and programs for all individuals in the PAIR population.

A complete of the bills which HDRC either tracked or offered testimony on in the 2011 legislative session is attached as follows:

House Bills

65- Special Treatment Facilities - requires notice and approval of neighbors within one mile of an STF -OPPOSE

157- DOH and DHS to post care home inspection reports on web

60 Kupuna Care funding - also SB 1508

761 -Changes references from MR to Intellectual Disabilities

421- requires insurance coverage of repairs to wheelchairs and mandates emergency repair and provision of loaners

601- Adds definition of service dog and comfort animals to be consistent with federal law -also SB 892

821 Autism coverage mandated in insurance policies-also SB 744

514- Money to establish comprehensive Deaf Center -also SB 127

595- Reimburses hospitals at acute level rate for patients waitlisted for care home placement -also SB 787

758- HD1 Funds for Ho’opono - blind services

774- For two years provides that funds otherwise deposited into the Neurotrauma Special Fund would go to the Emergency Medical Services Special Fund - OPPOSE

1067- Repeals authority of HYCF to transfer a youth to an adult correctional facility for disciplinary reasons -also SB 1294

HB 601 Clarifies definition of service animal and comfort animal under state law to conform state law to federal law -also SB 1302

HCR34 Audit DOE

Senate Bills

49- Mandates report to Legislature upon death of inmates or staff in prisons.

788 Establishes presumptive eligibility for Medicaid for hospital patients waitlisted for care homes, in order to expedite placement in the community

946- Creates Access To Justice Trust Fund to fund legal services organizations

1503 Requires private schools to be accredited for special education - OPPOSE

1073 Increases ILAF(Indigent Legal Assistance Fund) surcharge and funding

1284 Allows DOE to not pay fair rates for private placement - Oppose

1301 Amendments to conform state fair housing law to Federal Fair Housing Act

166 Clean and Sober Task force established in DOH to recommend regulations regarding location of transitional housing and accountability to communities

948 TBI insurance coverage mandated in policies

799 Audit Quest Expanded Access program

125 Creates employment training program for DD population and directs DHS to seek Medicaid waiver to fund it

E. Grievances filed under the grievance procedure

None

F. 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.

The Hawaii Disability Rights Center is responsible for administering the Client Assistance Program.

Certification

Signed?Yes
Signed ByLouis Erteschik
TitleActing Executive Director
Signed Date12/30/2011