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

Hawaii (Hawaii Disability Rights Center) - H240A120012 - FY2012

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 areas615
3. Total individuals receiving I&R (lines A1 + A2)615

B. Training Activities

1. Number of trainings presented by PAIR staff7
2. Number of individuals who attended training (approximate)185

HDRC staff routinely present Education and Training Workshops about "Our Clients, Our Services" during the fiscal year. Our PAIR presentation addressess an overview of the program, and indludes our agency responsibilities under the law - to provide information on available services uner 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 staff0
2. Newspaper/magazine/journal articles4
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website449,406
5. Publications/booklets/brochures disseminated2,006
6. Other (specify separately)0

Narrative

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)30
2. Additional individuals served during the year77
3. Total individuals served (lines A1 + A2)107
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)4

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 33

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility15
2. Employment5
3. Program access2
4. Housing9
5. Government benefits/services40
6. Transportation1
7. Education6
8. Assistive technology0
9. Voting0
10. Health care2
11. Insurance0
12. Non-government services1
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 favor60
2. Other representation found1
3. Individual withdrew complaint4
4. Appeals unsuccessful3
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case5
7. PAIR unable to take case because of lack of resources0
8. Individual case lacks legal merit3
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-advocacy3
2. Short-term assistance34
3. Investigation/monitoring13
4. Negotiation8
5. Mediation/alternative dispute resolution1
6. Administrative hearings17
7. Litigation (including class actions)0
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 - 40
2. 5 - 2210
3. 23 - 5961
4. 60 - 648
5. 65 and over28

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females54
2. Males53

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race2
2. American Indian or Alaskan Native3
3. Asian24
4. Black or African American2
5. Native Hawaiian or Other Pacific Islander7
6. White44
7. Two or more races25
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent41
2. Parental or other family home55
3. Community residential home5
4. Foster care0
5. Nursing home2
6. Public institutional living arrangement0
7. Private institutional living arrangement3
8. Jail/prison/detention center0
9. Homeless1
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 impairment5
2. Deaf/hard of hearing5
3. Deaf-blind0
4. Orthopedic impairment34
5. Mental illness1
6. Substance abuse0
7. Mental retardation0
8. Learning disability0
9. Neurological impairment6
10. Respiratory impairment3
11. Heart/other circulatory impairment32
12. Muscular/skeletal impairment18
13. Speech impairment1
14. AIDS/HIV1
15. Traumatic brain injury1
16. Other disability0

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities2

2. Number of individuals potentially impacted by policy changes200

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 HOUSING

HDRC’s PAIR systems case, with the goal of advocating for an increase in the number of accessible units to bring the Hawaii Public Housing Authority into compliance with the ADA and Section 504 of the Rehabilitation Act included:

  1. -referral of potential complaints of violations of accessible units.
  2. -assisting individuals w/ request for reasonable accommodations.
  3. -assisting individuals w/ request for reasonable modifications.
  4. -assisting individuals in reaching pre-filing outcomes (or voluntary resolution).
  5. -education and outreach.

DISABLED PRISONERS

In the past year, we continued to monitor inmates at Halawa Prison, as well as other facilities, who were individuals with disabilities that were not related to a mental illness. Fortunately, we have not seen situations that would warrant abuse or neglect investigations. We always monitor the prison facilities with an eye towards ensuring that individuals with disabilities receive their appropriate treatment. We also further developed and maintained a very productive, collaborative relationship with the Administrator of all the health and medical programs in the prisons at the Department of Public Safety. We continue to enjoy a very good working relationship with him and he has been responsive to our inquiries. Addionaly, he was a presenter at a staff training that we conducted in January 2012. He spoke to our entire staff and described the procedure for the receipt and delivery of medical care and services and products in the prison. He distributed his business card and invited our advocates to call him anytime that he had any questions or potential problems. Our Director of Operations and our Executive Director also personally spent a full day touring the Kauai Community Correctional Centerr with him and spoke with the health professionals as well as inmates, guards and even the warden. This further enhanced our overall view of the delivery of health services in these facilities.

HANDIVAN: 2012 ADA Compliance Program Update

The 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 32 20
2009 28
2010 0
2011 38
2012 0
2013 0

Unfortunately, the City’s ability to procure replacement paratransit vehicles in conformance with its fleet management plan has been hampered by procurement protests lodged by a local vendor: --- City issued a Request for Bids (RFB) to procure 38 new Handi-Van vehicles on April 28, 2011. Bid opening occurred on June 20, 2011. On June 30, 2011, the City made a conditional award of the subject contract to National Bus Sales & Leasing, Inc (National). Thereafter, but also on June 30, 2011, Soderholm Sales and Leasing, Inc. (SSL) filed a bid protest contesting the conditional award to National. The bid protest was denied by the Purchasing Administrator of the Department of Budget and Fiscal Services (BFS) on September 29, 2011. An administrative Hearing with the Office of Administrative Hearings, State of Hawaii Department of Commerce and Consumer Affairs (DCCA) was held on October 21, 2011. An Order Granting in Part and Denying in Part SSL’s Motion for Summary Judgment; Order Granting in Part and Denying in Part the City’s Motion for Summary Judgment was issued on October 27, 2011. The matter then was subject to further hearing on November 28, 2011. On December 28, 2011, the DCCA issued its “Hearings Officer’s Findings of Fact, Conclusions of Law, and Decision,” in which it voided the contract awarded to National. The hearings officer also determined that it could not award the contract to SSL. SSL’s appeal of the DCCA hearings officer’s decision was dismissed by the U.S. District Court judge on February 13, 2012. DTS did not proceed with this procurement due to lapsing of a portion of the matching funds. --- The City advertised a Request for Bids (RFB) to procure 99 new Handi-Van vehicles on September 18, 2012. On September 24, 2012, a bid protest was filed with the City by Soderholm Sales and Leasing, Inc. (SSL). SSL protested the RFB because it does not require bidders to obtain a Hawai’i state dealer license pursuant to Hawaii Revised Statutes Chapter 437-2(a). The City believes that this provision of State law constitutes a local geographic preference, and did not include this in the RFB because federal requirements prohibit the inclusion of this kind of requirement in a solicitation when using federal funds to purchase rolling stock (which includes buses and paratransit vans). Federal funds are involved in this RFB. The Purchasing Administrator of BFS denied SSL’s protest on October 12, 2012. A hearing was held before a DCCA hearings officer on November 8, 2012. The DCCA issued a decision on November 30, 2012, granting the City’s motion for summary judgment in the bid protest appeal. DTS will proceed with this RFB. b. Improve safety and security. Planning is underway for the installation of a mobile vehicle surveillance system on Handi-Van vehicles. The next set of vehicles purchased will be equipped with interior and exterior cameras connected to a centralized high-definition digital video recording system for after-the-fact reviews of incidents or events. 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.

FY2010 FY2011 FY2012
Eligibility Assessments
In-person assessments conducted411540644128
Conditional eligibility (4 yrs)707527497
Unconditional eligibility (4 yrs)255627162756
Temporary Conditional eligibility (<4 yrs)352310
Temporary Unconditional eligibility (<4 yrs)194598630
Not eligible96174185
Travel Training
ReferralsN/A7587
Started training163727
Completed training142722

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 targeted for February 2012. Implementation was delayed due in part to issues related to a Trapeze upgrade by OTS that resulted in a conflict with the availability of IP technical staff. In the interim, an analysis revealed that efficiencies could also be achieved by dedicating a portion of TheHandi-Van fleet to serving the largest agency subscription service consumers, which would free the remaining Handi-Van vehicles to provide demand service. This resulted in the commencement on November 5, 2012 of dedicated subscription service for three agencies: SECOH, The ARC in Hawaii, and Lanakila Pacific. OTS is monitoring the service impact of these changes and a meeting is planned after the end of the first month of service to evaluate the results.

  1. 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, and plans to commence operations in early 2013. From City FY’11 to FY’12, the annual number of one-way trips provided through Goodwill has grown from 58,000 to 64,500.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts0
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.

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.

PRIORITIES AND OBJECTIVES FOR FY2012

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.

Collaboration: N/ANumber of cases handled: 2 individual cases and 1 system caseCase Summary: (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.

Collaboration: Adult Residential Care Homes and Expanded ARCH’sNumber of cases handled: 2 individual 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 (ICF), 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: 22 individual casesCase 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) Descriptions: 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.

Collaboration: N/ANumber of cases handled: 15 individual casesCase Summary: Tripler Army Medical Center.

An anonymous individual contacted HDRC and reported that the Tripler Army Medical Center Food Court was inaccessible because of uneven (raised) sidewalks, and inaccessible doorways. An HDRC staff attorney contacted the appropriate Commanding Officer, and Army and Air Force Exchange Service Manager. The Chief of Engineering and Planning Section, of Tripler Army Medical Center, responded that the Army Medical Center awarded a contract to fix the deficiencies, the same month that HDRC had issued a letter. The anonymous individual called back to state their satisfaction as a result of HDRC’s intervention.

Priority 5 (4C) Descriptions: 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.

Collaboration: N/ANumber of cases handled: 4 individual casesCase Summary:

HDRC assisted C.H., a 39 year-old male living on the Big Island of Hawaii who has paraplegia as a result of an automobile accident, which created his disabling condition. A firefighter prior to the accident, he was placed on “light duty” assignment until another permanent position became available. Early in 2012, a position for a fire dispatcher was advertised within the department as a vacancy. He applied for the position and received a letter from the Hawaii City and County’s Civil Service that he qualified for the position. He contacted the Civil Service to inquire if he needed to take an examination and was informed that he did not, citing his experience with the Hawaii County Fire Department. In June, 2012, he contacted HDRC for assistance as he had not heard back from the County about his status in applying for the position. He called the ADA Compliance Officer with the County about the position and was informed that the position was filled, because it was a critical position and that the County had to hire as soon as possible. He received a letter from the County stating that he was not hired because the position was in an office that was not accessible to him and that the County had no money to make the workplace accessible. The HDRC PABSS advocate, a non-attorney, along with the client, met with the Fire Chief, the Union representative, a Corporation Counsel attorney, and the Human Resources Administrator. The Corporation Counsel attorney admitted that CH was first on the civil service priority list and was not hired because the County lacked the funds to provide the accommodations to the office and that someone else had been hired for the position. The attorney said that it was a critical position that needed to be filled as soon as possible. Following the meeting, the PABSS advocate met with the Deputy Managing Director of the County. Within a few weeks, the County initiated renovations to the Fire Dispatcher’s office so that CH could start his new position as a fire dispatcher.

Priority 6 (6A) Descriptions: 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.

Collaboration: N/ANumber of cases handled: 6 individual casesCase Summary:

M.J., an 88 year-old female with chronic heart disease, contacted HDRC to request assistance with her housing. She indicated that she was served a “Notice of Eviction” and feared that she would become homeless from her unit in a hospital-owned retirement community. The HDRC advocate investigated her case and found that she needed to submit additional financial documentation required by the management. The resident manager had harassed her with intimidating comments made to her about obtaining the documentation. The advocate contacted the management’s corporate headquarters out of state and informed them to cease and desist their harassment of the client. Immediately, the resident manager changed her tone of voice with the client. The advocate assisted the client in obtaining all the documents requested and made frequent inquiries to both the local and corporate offices. The client was very relieved when she was informed that the corporate office had approved her and rescinded the eviction. M.J. was very satisfied as a result of HDRC’s efforts to keep her in her unit.

Priority 7 (6B) Descriptions: 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.

Collaboration: N/ANumber of cases handled: 1 individual and 1 system case.Case Summary:

(See PART IV. Systemic Activities and Litigation - AFFORDABLE AND ACCESSIBLE HOUSING)

Priority 8 (6C) Descriptions: 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).

Collaboration: N/ANumber of cases handled: 2 individual casesCase Summary:

HDRC received a request from a female who is a wheelchair user - referred by the State’s Disability and Communication Access Board (DCAB) - who wished to remain anonymous. The caller wanted to file a complaint, but was afraid of retaliation and would not give her name or contact information. She stated that she lives in a building with many other seniors, and that there were at least 3 people who, also, use wheelchairs. She added that the City & County para-transit, Handi-Van, has problems when they picking up and dropping off passengers at the building because there is a Jeep in the walkway. Building residents have made complaints to no avail. DCAB requested that HDRC to go out to unit and investigate. The HDRC advocate assigned to the case visited the building, conducted a site survey and interviewed the maintenance manager. The survey revealed confusion with regard to vehicles parking in access areas. The maintenance manager indicated that there a green jeep often obstructs the accessible path for persons with physical disabilities to get on Handi-Van. However, he stated that that resident lived in the apartment building before the complainants. He states that he will ask the owner of the green jeep to park elsewhere only if he receives a letter from HDRC requesting him to do so. A letter was sent to the maintenance manager as requested. The advocate conducted several “spot-checks” following the issuance of the letter and no further obstruction was found. Additionally, accessible signage was added and the path repainted. As a result of HDRC’s assistance, the issue was resolved and no further complaints were made to HDRC or DCAB.

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 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, 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.

Collaboration: N/ANumber of cases handled: 50 individual cases and 1 system caseCase Summary:

The client is a 50 year-old woman from the island of Kauai. She is diagnosed with congestive heart failure and diabetes with related kidney disease. The client requested assistance because she applied for SSDI twice and was denied so filed for an appeal hearing. The Advocate met with the client twice to discuss the case and review documents. She then contacted the client’s doctors and requested a letter explaining why the client’s medical condition prevents her from working. One of the doctors provided a detailed response that was very helpful. The Advocate submitted that letter with documents from the client’s medical files as evidence. The Advocate then traveled to Kauai and represented the client at her hearing. The administrative law judge questioned the client about her work history and health then made a bench decision to award SSDI benefits to the client, including six months of retroactive payments.

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.

PRIORITIES AND OBJECTIVES FOR FY2013

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.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 15 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 100 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 100 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) $184,857 $184,857

State $ 0 $

Program income $ 0 $

All other funds

Total (from all sources) $184,857 $184,857

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 are:

FY2012 FY2013

Salaries 97,161 97,161

Employer’s FICA 7,613 7,613

State Unemployment 1,261 1,261

Worker’s Compensation 315 315

Temporary Disability Insurance 427 427

Medical/Dental Insurance 9,077 9,077

Simplified Pension Plan 8,724 8,724

Group Life Insurance 875 875

LTD 162 162

Professional Associations 843 843

Books & Subscriptions 1,287 1,287

Meeting Expense 270 270

Air Travel 2,521 2,521

Meals and Incidentals 499 499

Accommodations 1,676 1,676

Auto Allowance and Expense 1,201 1,201

Misc./Business Expense 17 17

Conference and Seminars 91 91

Lease 20,398 20,398

Neighbor Island Lease 390 390

Parking Lease 673 673

Mileage 590 590

Telephones 2,694 2,694

Equipment/Furniture Rental 3,600 3,600

Equipment Maintenance 390 390

Computer Maintenance 1,070 1,070

Office Supplies 964 964

Paper Supplies 201 201

Postage/Freight 1,057 1,057

Parking Validations 249 249

Agency Insurance 5,339 5,339

Bank Charges 29 29

Office Equipment 174 174

Computer Software 357 357

Computer Hardware 5,267 36

Legal Corporate 68 68

Audit 1,647 1,647

Programming Services 4,405 4,405

Software Support Services 193 193

Payroll Services 342 342

Other ____740 740

TOTAL 184,857 179,626

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

Type of Position FTE % of year filled Person-years

Professional

Full-time 13 100% 1.3

Part-time 4 100% 0.4

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)

Hawaii Disability Rights Center (HDRC) continues to provide PAIR involvement through Governor-appointed memberships on the State Rehabilitation Council and the State Planning Council on Developmental Disabilities. This year, HDRC staff also participates in an advisory capacity with the following:

Hawaii State Citizens for Accessible Transportation Committee

Army Exceptional Family Member Program under the Army Community Service at Schofield Barracks Army Base on Oahu. HDRC

Hawaii Chapter of the American Diabetes Association, Advocacy Committee

Center on Disability Studies’ Community Advisory Council

Legal Services Advisory Consortium under the Hawaii Justice Foundation,

Department of Human Services Money Follows the Person Citizens Advisory Group

Family Programs Hawaii

Department of Human Services Financial Assistance Advisory Council

State Neurotrauma Board

Children’s Coordinating Council (Department of Education)

Island of Kauai, Mayor’s Committee on Persons with Disabilities

Island of Hawaii, Big Island Human Services Consortium

HDRC’s involvement provides opportunities to participate and collaborate in government and private, non-profit agencies, planning efforts for programs and services designed to enhance the lives of people with disabilities by promoting systemic change within programs and in developing and maintaining a network of relationships with these agencies.

HDRC’s collaborative activities have resulted in outcomes that have moved to strengthen programs, policies and services, while protecting the rights of persons with disabilities in our state for all individuals in the PAIR population.

A complete list of PAIR-related bills for which HDRC either provided testimony or monitored progress in the 2012 State legislative session is attached as follows:

HOUSE BILLS

HB1713 Electronic Medicaid Records; Department of Human ServicesRELATING TO MEDICAID.Requires the Department of Human Services to accept applications for any medicaid program in written form and applications submitted as an electronic record through an integrated electronic system developed and maintained by the Department of Human Services no later than January 1, 2014. Requires the Department of Human Services to convert any written document submitted after December 31, 2013, relating to the medicaid application to electronic records and incorporate the electronic records into the integrated electronic system.

HB1724 Medicaid Presumptive EligibilityRELATING TO HEALTH AND HUMAN SERVICES.Requires the department of human services to: (1) Provide medicaid presumptive eligibility to patients who have been waitlisted for long-term care; (2) Conduct a study of a computerized medicaid applications system to address inefficiencies and other problems associated with processing medicaid applications; and (3) Submit findings and recommendations to the legislature regarding costs and other issues related to medicaid presumptive eligibility. Appropriates funds to cover the costs of any reimbursements made to providers or plans for services that are provided during the time waitlisted patients are enrolled but are eventually determined to be ineligible. Effective July 1, 2012, and repealed on June 31, 2017.

HB1741 Prior Authorization; Insurance; Prescription DrugsRELATING TO PRESCRIPTION DRUG.Requires the insurance commissioner to develop a uniform prescription drug prior authorization form no later than 07/01/2013. Beginning 01/01/2014, requires the uniform prescription drug prior authorization form to be used by prescribers and health care insurance providers.

HB1895 Health Insurance; Suspension of Certain Mandated BenefitsRELATING TO HEALTH INSURANCE.Suspends the mandatory coverage for in vitro fertilization and mental health benefits in health insurance policies issued or renewed between the effective date of this Act and 06/30/15. Requires instead those benefits to be offered as options in such policies. Requires the insurance commissioner to mandate each managed care plan affected by the Act to submit a rate filing reflecting the suspension of benefits affected by the Act. Repeals this Act on 06/30/15.

HB1901 General Excise Tax; Medicaid.RELATING TO THE GENERAL EXCISE TAX.Requires that an unspecified amount of general excise tax remittances be deposited into the general fund and used to fund Medicaid programs.

HB1910 Emergency and Budget Reserve Fund; AppropriationRELATING TO THE EMERGENCY AND BUDGET RESERVE FUND.Appropriates moneys from the emergency and budget reserve fund to maintain levels of programs for education, human services, and health.HB1911 Health Care Services; Consolidation; Office of Health Care AssuranceRELATING TO HUMAN SERVICES.Consolidates the authority, duties, responsibilities, and jurisdiction of the department of human services and the department of health, as they relate to various health care services, to the office of health care assurance in the department of health on 7/1/13.

HB1912 Medicaid; Private-Public Partnership; Communal Home Dialysis Center; Compact of Free AssociationRELATING TO HUMAN SERVICES.Establishes a pilot project for a communal home dialysis center in the Federated States of Micronesia that will use medicaid funds with matching private funds to finance, construct, and operate the facility.

HB1913 Medicaid Service Providers; AuditRELATING TO MEDICAID.Directs the Auditor to conduct a management and financial audit of the services provided by Evercare and Ohana Health Plan to medicaid clients under QUEST Expanded Access. Requires the Auditor to submit its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days before the convening of the Regular Session of 2013.

HB1914 QUEST; Medicaid; Appropriation; Program EvaluationRELATING TO HEALTHCARE.Makes an appropriation to the executive office on aging to conduct a program evaluation of QUEST Expanded Access program.

HB1915 Medicaid Program; Proposed Changes and Amendments NotificationRELATING TO MEDICAID.Requires DHS to notify the legislature of any proposed changes and state plan amendments. Authorizes legislature to require DHS to make changes to medicaid or submit a state plan amendment.

HB1916 Health; Medicaid ReimbursementsRELATING TO HEALTH.Beginning July 1, 2013, requires rates for medicaid reimbursements to hospitals for acute-care patients waitlisted for long-term care to be equal to rates for subacute care services. Prohibits modifications of medicaid reimbursement policies without prior written notice to affected health care providers and prohibits reductions of reimbursements previously made. Requires DHS and collaborating organizations and providers to report to the Legislature their recommendations and implementation plans regarding revised methodologies of determining the level of acuity of medicaid nursing facility residents and improvements to the nursing facility level of care determination process.

HB1954 Medicaid ReimbursementsRELATING TO HEALTH.Provides reimbursements by medicaid and its contracted health plans to hospitals for patients occupying acute-licensed beds who are waitlisted for long-term care and to facilities with long-term care beds for patients with medically-complex conditions who prior to admission to the facility were receiving acute care services in an acute care hospital.

HB1957 Health Care Information; PrivacyRELATING TO HEALTH CARE INFORMATION.Clarifies that persons and entities governed by the Health Insurance Portability and Accountability Act, who use or disclose individually identifiable health information that is consistent with the Health Insurance Portability and Accountability Act regulations, shall be deemed to be in compliance with Hawaii’s privacy laws and rules.

HB1991 Health; Vital Statistics; Public Health RecordsRELATING TO HEALTH.Allows the Department of Health to share records with other state departments and agencies upon authorization of a person with a tangible interest in the

HB2046 Education; Adult and Community Education Program Funding; Special FundRELATING TO ADULT AND COMMUNITY EDUCATION.Clarifies that funding for the adult and community education program shall be from appropriations by the legislature, supplemented by student fees. Establishes the adult and community education program special fund.

HB2098 Elder Abuse; Vulnerable Adults; Suit; Financial Exploitation; Cause of ActionRELATING TO ELDER ABUSE.Authorizes a private cause of action for financial exploitation of a vulnerable adult. Allows for attorney’s fees, costs, and punitive damages

HB2131 Medicaid Patient; Private-Pay Client; Community Care Foster Family HomeRELATING TO COMMUNITY CARE FOSTER FAMILY HOMES.Allows a community care foster family home to remain open for at least another six months upon losing its only medicaid patient, if a physician, licensed in the State, certifies that removal of the remaining private-pay client may result in transfer trauma to the remaining private-pay client.

HB2132 State Rehabilitation CouncilRELATING TO HUMAN SERVICES.Establishes for the State Rehabilitation Council that at least ten members constitutes a quorum to do business and a concurrence of at least a majority of quorum is necessary to validate council action. Repeals June 30, 2014.

HB2188 Caregivers; Tax CreditsRELATING TO TAXATION.Establishes three new tax credits for caregivers: small business caregiver leave tax credit; caregiver tax credit based on a percentage of adjusted gross income; caregiver educational cost tax credit.

HB2189 Medicaid Home and Community-Based Waiver Programs; Family Member RELATING TO MEDICAID.Requires medicaid home and community-based waiver programs to allow family members hired and directed by the waiver program individual to provide specific approved in-home care services to the individual.

HB2198 Kupuna Caucus; Kupuna Care; Appropriation; Long Term Care CommissionRELATING TO KUPUNA CARE.Appropriates funds for the kupuna care program. Requires executive office on aging to establish a sliding fee schedule for the ku puna care program.

HB2199 Health Care Services; Consolidation; Department of Human Services; Department of HealthRELATING TO HEALTH CARE.Consolidates the authority, duties, responsibilities, and jurisdiction of the department of human services and the department of health, as they relate to various health care services; transfers the programs of the department of human services relating to home and community-based case management, community care foster family homes, and adult day care to the department of health on July 1, 2014.

HB2285 Audit; QUEST Expanded Access; Evercare; Ohana Health PlanRELATING TO MEDICAID.Requires the auditor to conduct a management and financial audit of the services provided by Evercare and Ohana Health Plan to medicaid clients under the QUEST Expanded Access program. Effective July 1, 2012

HB2415 Medicaid; Prescription Drugs; CopaymentRELATING TO MEDICAID.Requires certain medicaid recipients to pay a copayment for prescription drugs covered under the recipients’ medicaid benefits in accordance with a system developed by the Department of Human Services. Requires the Department of Human Services to seek the approval of the Centers for Medicare and Medicaid Services prior to the establishment and implementation of such a system.

HB2637 Medical AssistanceRELATING TO MEDICAID.Authorizes the Department of Human Services to provide medical assistance for dialysis, chemotherapy, and other cancer treatments, inpatient and outpatient physician visits, and drug prescriptions. .

HB2798 Hawaii Veterans Court; AppropriationRELATING TO A VETERANS TREATMENT COURT.Establishes a temporary Hawaii veterans treatment court within the judiciary. Appropriates funds. Repealed on 6/30/21.

HB2805 Hawaii Veterans Court; AppropriationRELATING TO VETERANS COURT.Establishes a Hawaii veterans court within the Judiciary. Makes an appropriation. Effective July 1, 2012, and repeals on June 30, 2021.

HB2844 Aging and Disability Resource CentersRELATING TO AGING AND DISABILITY RESOURCE CENTERS.Establishes the aging and disability resource center program within the executive office on aging. Appropriates funds.

HB2850 Adult Residential Care Homes; Application; NoticeRELATING TO ADULT RESIDENTIAL CARE HOMES.Requires an applicant for a state license to operate a Type II adult residential care home to publish notice in the county where the home is proposed to be located. Requires the DOH to hold an informational hearing in the county. Requires the applicant to notify DOH if it has applied for a county permit to operate the home.

HB2864 Medicaid; Presumptive Eligibility; Long-Term CareRELATING TO HEALTH.Grants presumptive eligibility to medicaid-eligible patients who have been waitlisted for long-term care.

HB2865 Department of Health; Diabetes Prevention and Control ProgramRELATING TO DIABETES.Permanently establishes through codification the department of health’s diabetes prevention and control program; designates that the program shall have a director who shall lead the State’s fight against diabetes.

SENATE BILLS

SB2055Judiciary Package; Conditional Release; TollingRELATING TO CONDITIONAL RELEASE.Requires tolling of one-year conditional release period upon filing of motion for revocation of conditional release or motion to modify conditions.

SB2077 Diabetes Mellitus Registry; Diabetes Task ForceRELATING TO DIABETES.Requires the largest medical center in a county with a population over five hundred thousand to create and maintain an electronic diabetes mellitus registry and to submit biennial reports to the legislature regarding the registry. Creates a task force to identify and recommend measures to remove barriers to health care access for people with diabetes. Repeals registry on October 31, 2017.

SB2088 Medicaid; DHSRELATING TO MEDICAID.Requires DHS to notify the appropriate standing committees of the senate and house of any intended change to medicaid no later than sixty days prior implementation of the change. Authorizes the specified standing committees to hold hearings on any intended change to medicaid and prohibit or require certain actions by DHS that may affect Hawaii’s medicaid program.

SB2092 Health; Medicaid Eligibility; AppropriationRELATING TO HEALTH.Establishes presumptive medicaid eligibility for waitlisted patients. Appropriates funds for reimbursements for services provided during the time that waitlisted patients are enrolled and later disenrolled due to determination of ineligibility. Takes effect 7/1/2012. Repeals 7/1/2017.

SB2093 Long-term Care; Health; Acute Care Hospitals; Medicaid Reimbursements; AppropriationRELATING TO HEALTH.Provides for fair medicaid reimbursements to acute care hospitals and long-term care facilities. Makes an appropriation for the increased medicaid reimbursements.

SB2094 QUEST Expanded Access; Evaluation; Executive Office on Aging; AppropriationRELATING TO HEALTH CARE.Appropriates funds to the department of health’s executive office on aging to conduct an evaluation of the QUEST expanded access program.

SB2098 Privacy of Health Care Information; HIPAARELATING TO PRIVACY OF HEALTH CARE INFORMATION.Provides that use, disclosure, or authorization for release of individually identifiable health information that complies with federal law shall be deemed to comply with state law. Provides that notice of breach of unsecured protected health information that complies with federal law shall be deemed to comply with state law.

SB2100 Assault; Medical Services ProvidersRELATING TO ASSAULT ON MEDICAL SERVICES PROVIDERS.Amends the offense of assault in the second degree to include intentionally or knowingly causing bodily injury to certain medical services providers.

SB2120 Medicaid; Physician Services; Payments Increase; AppropriationRELATING TO HEALTH.Appropriates funds for the 2012-2013 fiscal year to increase the payments for physician services to medicaid-eligible persons, including fee-for-service, QUEST provider services, and QUEST expanded access program up to a certain per cent of the current medicare rate. Requires the department of human services (DHS) to report to the legislature (1) baseline medicaid and additional funds needed for fiscal years 2013-2014 and 2014-2015, and (2) funding required to continue increased payments for physician services to medicaid-eligible persons. Requires DHS to seek an appropriation in an amount equal to at least the amount appropriated in 2012-2013 for additional payments for physician services during the 2013-2015 fiscal biennium.

SB2126 Health Care Services; Consolidation; Department of Human Services; Department of HealthRELATING TO HEALTH CARE.Consolidates the authority, duties, responsibilities, and jurisdiction of the department of human services and the department of health, as they relate to various health care services; transfers the programs of the department of human services relating to home and community-based case management, community care foster family homes, and adult day care to the department of health on July 1, 2014.

SB2133 Medicaid Program; Proposed Changes and Amendments NotificationRELATING TO MEDICAID.Requires DHS to notify the legislature of any proposed changes and state plan amendments. Authorizes legislature to require DHS to make changes to medicaid or submit a state plan amendment.

SB2134 QUEST; Medicaid; Appropriation; Program EvaluationRELATING TO HEALTHCARE.Makes an appropriation to the executive office on aging to conduct a program evaluation of QUEST Expanded Access program.

SB2135 State Rehabilitation CouncilRELATING TO HUMAN SERVICES.Establishes for the State Rehabilitation Council that at least ten members constitutes a quorum to do business and a concurrence of at least a majority of quorum is necessary to validate council action. Repeals June 30, 2014.

SB2136 Medicaid; Private-Public Partnership; Communal Home Dialysis Center; Compact of Free AssociationRELATING TO HUMAN SERVICES.Establishes a pilot project for a communal home dialysis center in the Federated States of Micronesia that will use medicaid funds with matching private funds to finance, construct, and operate the facility.

SB2137 Medicaid Home and Community-Based Waiver Programs; Family Member RELATING TO MEDICAID.Requires medicaid home and community-based waiver programs to allow family members hired and directed by the waiver program individual to provide specific approved in-home care services to the individual.

SB2138 Medicaid Patient; Private-Pay Client; Community Care Foster Family HomeRELATING TO COMMUNITY CARE FOSTER FAMILY HOMES.Allows a community care foster family home to remain open for at least another six months upon losing its only medicaid patient, if a physician, licensed in the State, certifies that removal of the remaining private-pay client may result in transfer trauma to the remaining private-pay client.

SB2140 Advance Health-Care Directive; MedicaidRELATING TO HUMAN SERVICES.Requires a medicaid recipient to complete an advance health-care directive form.

SB2143 Medicaid Service Providers; AuditRELATING TO MEDICAID.Directs the Auditor to conduct a management and financial audit of the services provided by Evercare and Ohana Health Plan to medicaid clients under QUEST Expanded Access. Requires the Auditor to submit its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days before the convening of the Regular Session of 2013. ,

SB2227 Health Care; Funding for the Uninsured; Community Health Centers; AppropriationRELATING TO HEALTH.Appropriates moneys to community health centers for the provision of direct health care for the uninsured, including those who will be disenrolled from the medicaid QUEST program pending eligibility changes in April 2012.

SB2299 Audit; QUEST Expanded Access; Evercare; Ohana Health PlanRELATING TO MEDICAID.Requires the auditor to conduct a management and financial audit of the services provided by Evercare and Ohana Health Plan to medicaid clients under the QUEST Expanded Access program.

SB2307 Kupuna Caucus; Kupuna Care; Appropriation; Long Term Care CommissionRELATING TO KUPUNA CARE.Appropriates funds for the kupuna care program. Requires executive office on aging to establish a sliding fee schedule for the kupuna care program.

SB2312 Education; Full Participation in School Act; Kupuna CaucusRELATING TO EDUCATION.Authorizes certain caregivers to execute an affidavit for caregiver consent on behalf of a minor to allow the minor to participate fully in programs and services under the Individuals with Disabilities Act and section 504 of the Rehabilitation Act of 1973.

SB2314 Financial Exploitation of Dependent ElderRELATING TO THE ELDERLY.Creates the crime of financial exploitation of dependent elder and provides enhanced penalties. Requires financial institutions to report suspected financial abuse to the adult protective services and the county police. Requires two signatures of unrelated persons as witnesses to the execution of a power of attorney for health care.

SB2317 Caregivers; Tax CreditsRELATING TO TAXATION.Establishes three new tax credits for caregivers: small business caregiver leave tax credit; caregiver tax credit based on a percentage of adjusted gross income; caregiver educational cost tax credit

SB2318Uniform Adult Guardianship and Protective Proceedings JurisdictionRELATING TO ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION.Adopts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, to ensure that only one state has jurisdiction at any one time. Contains specific guidelines to specify which court has jurisdiction to appoint a guardian or conservator for an incapacitated adult. Prioritizes the states that may claim jurisdiction.

SB2320 Kupuna Caucus; Aging and Disability Resource Center; Kupuna Care; Healthy Aging Partnership Program; AppropriationRELATING TO AGING.Establishes the aging and disability resource center in the executive office on aging. Appropriates funds for the aging and disability resource center, kupuna care program, healthy aging partnership program, senior centers, and elder registration services.

SB2388 Executive Office on Aging; Aging and Disability Resource Center Program; AppropriationRELATING TO AGING AND DISABILITY RESOURCE CENTERS.Establishes the aging and disability resource center program in the executive office on aging. Appropriates funds for the further development and expansion of the aging and disability resource center program statewide.

SB2436 Prior Authorization; Insurance; Prescription DrugsRELATING TO PRESCRIPTION DRUG.Requires the insurance commissioner to develop a uniform prescription drug prior authorization form no later than 07/01/2013. Beginning 01/01/2014, requires the uniform prescription drug prior authorization form to be used by prescribers and health care insurance providers.

SB2449 Education; Adult and Community Education Program Funding; Special FundRELATING TO ADULT AND COMMUNITY EDUCATION.Clarifies that funding for the adult and community education program shall be from appropriations by the legislature, supplemented by student fees. Establishes the adult and community education program special fund.

SB2450 Crimes Against Elders; SentencingRELATING TO SENTENCING.Establishes mandatory minimum prison terms for certain offenses committed against persons 60 years of age or older.

SB2472Patient-centered Medical Homes; AppropriationRELATING TO PATIENT-CENTERED MEDICAL HOMES.Defines and establishes patient-centered medical homes and their duties. Appropriates funds to support qualified patient-centered medical homes as certified by the governor’s healthcare transformation coordinator or leadership team.

SB2595 Department of Health; Early Intervention Services; FeesRELATING TO EARLY INTERVENTION SERVICES.Requires the department of health to develop and establish a family cost participation schedule of monthly cost participation fees for early intervention services. Authorizes the department to offer early intervention services on a fee-for-service basis for children who are ineligible for services under part C of the Individuals with Disabilities Education Act.

SB2659 Emergency and Budget Reserve Fund; AppropriationRELATING TO THE EMERGENCY AND BUDGET RESERVE FUND.Appropriates moneys from the emergency and budget reserve fund to maintain funding levels of programs for public health, safety, welfare, and education.

SB2779 Aging and Disability Resource Centers, Executive Office on AgingRELATING TO THE AGING AND DISABILITY RESOURCE CENTERS. Create aging and disability resource centers in each county to streamline access to long-term supports and services for older adults, persons with disabilities, and family caregivers.

SB3052 Type II Adult Residential Care Homes; License; Notice to Public; Informational Hearing; Notice to CountyRELATING TO ADULT RESIDENTIAL CARE HOMES.Requires facilities that are applying for a license to be a type II adult residential care home in a residential area to: publish notice of their application in a newspaper that circulates in the county in which the facility is proposed to be located; hold an informational hearing in the relevant district; and if also applying for a county permit, notify the department of health of the county application so that the department will invite the county to attend the department’s informational hearing.

E. Grievances filed under the grievance procedure

None

Certification

Signed?Yes
Signed ByLouis Erteschik
TitleExecutive director
Signed Date12/27/2012