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

Delaware (COMMUNITY LEGAL AID SOCIETY,) - H240A150008 - FY2015

General Information

Designated Agency Identification

NameCommunity Legal Aid Society Inc.
Address100 W. 10th Street Suite 801
Address Line 2
CityWilmington
StateDelaware
Zip Code19801
E-mail Addressbhartman@declasi.org
Website Addresshttp://www.declasi.org
Phone302-575-0660
TTY 302-575-0696
Toll-free Phone800-292-7980
Toll-free TTY
Fax302-575-0840
Name of P&A Executive DirectorDaniel Atkins, Executive Director
Name of PAIR Director/CoordinatorBrian J. Hartman
Person to contact regarding reportBrian J. Hartman
Contact Person phone302-575-0660
Ext.220

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 areas81
2. Individuals receiving I&R outside PAIR priority areas0
3. Total individuals receiving I&R (lines A1 + A2)81

B. Training Activities

1. Number of trainings presented by PAIR staff26
2. Number of individuals who attended training (approximate)2,363

DLP staff exhibited at the Clergy Unity Luncheon 2014 on October 24, 2014. The purpose of the event was to introduce attendees to the resources available to members of their congregations. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were 75 persons in attendance. Staff distributed 102 brochures, pamphlets and booklets containing PAIR-related information. DLP staff gave a presentation at the Transition Conference on October 31, 2014. Staff spoke to attendees about our new transition site, which includes resources about employment, housing rights, education and voting rights. There were 15 persons in attendance and staff distributed an assortment of 62 booklets containing information related to the PAIR program. DLP staff exhibited at the 2014 Mental Health Conference on November 13, 2014. Staff spoke to attendees about all DLP programs and services. There were 250 persons in attendance and an assortment of 294 pamphlets were distributed containing PAIR-related information. The DLP presented a seminar at Easter Seals on November 18, 2014. Staff presented on guardianship and alternatives to guardianship (e.g. powers of attorney; Social Security representative payees; trusts). There were 18 persons in attendance. There were 18 sets of materials distributed. The Legal Advocacy Director gave a presentation at the Drew Education Support Center on December 4, 2014. The Legal Advocacy Director spoke to attendees about guardianship and alternatives to guardianship. There were 6 persons in attendance. There were 6 sets of materials distributed. DLP staff gave a presentation at Gauger Cobbs Middle School on December 8, 2014. Staff spoke to attendees about guardianship and alternatives to guardianship. There were 35 person in attendance. Staff distributed 35 sets of materials. DLP staff gave a presentation about educational rights for the National Business Institute on December 11, 2014. There were 79 persons in attendance. Staff distributed 79 sets of materials. The DLP served on the design team and exhibited at the LIFE Conference on January 15, 2015. Staff gave an overview of all DLP services. There were approximately 459 persons in attendance. Staff distributed an assortment of 264 brochures, pamphlets and booklets that included information related the PAIR program. The DLP Senior Project Director also presented a seminar entitled “State of Delaware 2015 Policy Priorities” which covered several issues related to employment of persons with disabilities, including subminimum wages and the Workforce Innovation & Opportunity Act, attendant services, paratransit initiatives, and planning to implement the Community First Choice Medicaid option. There were 36 persons in attendance. There were 36 sets of materials distributed. DLP staff co-presented a seminar at the LIFE Conference on January 15, 2015. The seminar was entitled “Delaware Disability Hub, the New State Transition. There were 29 persons in attendance. There were 29 sets of materials distributed. DLP staff gave a presentation Drew Education Services Building on February 9, 2015. Staff spoke to attendees about housing rights issues. There were 6 persons in attendance. Staff distributed an assortment of 31 brochures and pamphlets. DLP gave a presentation at Charlton School on February 11, 2015. Staff spoke to attendees about transition, guardianship and alternatives to guardianship (e.g. powers of attorney; Social Security representative payees; trusts). There were approximately 21 persons in attendance. The DLP distributed 21 sets of materials that contained information related to the PAIR program. The DLP Legal Advocacy Director gave a presentation at Wilmington University on February 14, 2015. The Legal Advocacy Director spoke to attendees about disability rights issues. There were 25 persons in attendance. Staff distributed 25 sets of materials that contained information related to the PAIR program. DLP staff gave a presentation at Easter Seals on February 25, 2015. Staff spoke to attendees about guardianship and alternatives to guardianship. There were 25 persons in attendance and 150 brochures and pamphlets weredistributed. DLP staff exhibited at a Wilmington Schools Forum on March 8, 2015. Staff spoke to attendees about all DLP programs and services, including the PAIR program. There were approximately 250 persons in attendance. Staff distributed an assortment of 219 brochures and pamphlets containing information related to the PAIR program. The DLP exhibited at the 2015 Brain Injury Conference on March 12, 2015. There were approximately 150 persons in attendance. The DLP distributed an assortment of 79 brochures and pamphlets which contained PAIR related information. DLP staff gave a presentation at the 2015 Brain Injury Conference on March 12, 2015. Staff spoke to attendees about educational rights. There were 20 persons in attendance. Staff distributed 20 sets of materials. The DLP Project Director gave a presentation at the CAC meeting on March 13, 2015. The Project Director spoke to attendees about the CMS Rule/Delaware’s Transition Plan. There were 22 persons in attendance. There were 44 handouts distributed. DLP staff gave a presentation to the Christiana School District Transition to Adult Life Program on March 15, 2015. Staff spoke to attendees about Ticket to Work, PASS and other work incentives. There were approximately 36 persons in attendance. Staff distributed an assortment of 130 pamphlets, brochures and booklets containing PAIR-related information. DLP staff exhibited and presented at the NAMI CIT Training event on April 17, 2015. The event was designed to educate police officers and military staff specifically trained to handle emergencies. DLP staff spoke to attendees about all DLP programs and services. There were approximately 50 persons in attendance. Staff distributed 50 brochures containing PAIR-related information. DLP staff exhibited at the Transition to Adult Life Fair for Christian School District on April 29, 2015. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were approximately 60 persons in attendance. Staff distributed an assortment of 163 brochures and pamphlets that contained PAIR-related information. DLP staff exhibited at the William Penn Parent Transition Fair on April 30, 2015. There were 30 persons in attendance. Staff spoke to attendees about all DLP programs and services including the PAIR program. Staff distributed 58 brochures. DLP staff gave a presentation about educational rights for the National Business Institute on May 12, 2015. There were 36 persons in attendance. Staff distributed 36 sets of materials. The DLP exhibited at the 2015 Access Wilmington Fair on June 18, 2015. Staff spoke to attendees about all DLP programs and services. There were approximately 100 persons in attendance. Staff distributed an assortment of 113 brochures and pamphlets. DLP staff gave a presentation to Asperger’s Alliance at Glasgow Church on July 9, 2015. Staff spoke to attendees about guardianship and guardianship alternatives. There were 30 persons in attendance. The DLP exhibited at 25th Anniversary Celebration of the ADA on July 18, 2015. Staff spoke to attendees about all DLP programs and services. There were approximately 400 persons in attendance. Staff distributed an assortment of 186 brochures and pamphlets containing PAIR-related information.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles7
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website24,213
5. Publications/booklets/brochures disseminated2,250
6. Other (specify separately)0

Narrative

N/A

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)57
2. Additional individuals served during the year75
3. Total individuals served (lines A1 + A2)132
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)10

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 69

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility6
2. Employment7
3. Program access0
4. Housing13
5. Government benefits/services56
6. Transportation7
7. Education0
8. Assistive technology0
9. Voting0
10. Health care17
11. Insurance2
12. Non-government services1
13. Privacy rights0
14. Access to records0
15. Abuse1
16. Neglect0
17. Other22

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor61
2. Other representation found3
3. Individual withdrew complaint3
4. Appeals unsuccessful0
5. PAIR Services not needed due to individual's death, relocation etc.0
6. PAIR withdrew from case0
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-advocacy11
2. Short-term assistance24
3. Investigation/monitoring13
4. Negotiation7
5. Mediation/alternative dispute resolution4
6. Administrative hearings7
7. Litigation (including class actions)4
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 - 220
3. 23 - 59100
4. 60 - 6419
5. 65 and over13

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females78
2. Males54

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race0
2. American Indian or Alaskan Native1
3. Asian2
4. Black or African American47
5. Native Hawaiian or Other Pacific Islander0
6. White81
7. Two or more races1
8. Race/ethnicity unknown0

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent107
2. Parental or other family home13
3. Community residential home3
4. Foster care0
5. Nursing home4
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center3
9. Homeless2
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 impairment6
2. Deaf/hard of hearing10
3. Deaf-blind0
4. Orthopedic impairment40
5. Mental illness0
6. Substance abuse0
7. Mental retardation1
8. Learning disability0
9. Neurological impairment16
10. Respiratory impairment6
11. Heart/other circulatory impairment13
12. Muscular/skeletal impairment0
13. Speech impairment0
14. AIDS/HIV4
15. Traumatic brain injury1
16. Other disability35

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities87

2. Number of individuals potentially impacted by policy changes22,639

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.

The DLP had many non-litigation systemic successes. For ease of reference, legislative, regulatory, and policy achievements are compiled in Section V. A. by priority, i.e, Accessibility, Par. 4; Transportation, Par. 4; Housing/Independent Living, Par. 4; and Autonomy, Par. 4.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts103
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.

Sixty year old with orthopedic impairments complained that shopping center had no accessible ramp/curb cut from parking lot to store entrances. The DLP filed an administrative complaint pursuant to Delaware’s Equal Accommodations Act. The Human Relations Commission (HRC) dismissed the complaint on the basis that it was essentially an ADA enforcement action. The DLP appealed the dismissal to Superior Court which reversed and remanded the HRC decision. The HRC accepted jurisdiction and initiated an investigation. In the meantime, the shopping center installed an ADA- complaint ramp which was satisfactory to the client and further proceedings were obviated. [09-3010026] Fifty-two year old with orthopedic impairments was receiving only $776/month in SSDI since $262/month was being withheld for child support. The DLP determined that support was being paid for years after child turned 18. The DLP represented in Family Court hearing and secured recalculation of support, significant reduction of arrears, and prospective reduction of arrears offset from SSDI to $75/month. [14-0080237] Fifty-three year old with neurological disorder was SSDI beneficiary. Of his $789 monthly benefit, $475 was being garnished for child support leaving him only $314/month. The DLP obtained Family Court records showing the client had not appeared for a hearing and been imputed with $2,396 in monthly income. The DLP represented in Family Court mediation and negotiated a reduced order of $50/month on a balance of $2,300 in arrears only since the child had turned 18. This resulted in a significantly reduced garnishment from his monthly SSDI benefits. [14-0079245] Fifty-two year old with ABI, CVA, and severe expressive aphasia lived in assisted living facility. Client’s mother had recently died, leaving house and property to client and her brother. Brother filed for guardianship of client. The DLP represented client in Chancery Court to oppose guardianship. DLP also arranged for support services, including bill paying service, for client. DLP negotiated a settlement in which guardianship petition was withdrawn and brother “bought out” client’s interest in house. The DLP facilitated establishment of special needs trust so proceeds would not affect eligibility for public benefits. [08-2007937; 10-2008573]

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.

A. FIRST PRIORITY: ACCESSIBILITY 1. Identification The PAIR program will promote and facilitate access to governmental programs and public accommodations. 2. Need, Issue or Barrier Addressed Persons with disabilities are frequently denied services because they cannot “get in the door” or because they need accommodations (e.g. interpreters; service dog accompaniment). Safety-net public benefits programs may also present eligibility or standards-based barriers to effective access by persons with disabilities. 3. Outcome Indicators Successful outcomes under this priority include the removal of architectural barriers, cessation of discriminatory practices, adoption of State standards conforming to federal law, and securing effective access to governmental programs and places of public accommodation by people with disabilities. As reflected in the PAIR FY15 Priorities, the outcome indicators for this objective were as follows: a. As a result of DLP intervention, 50 persons will secure equal or improved access to governmental services or public accommodations. b. As a result of DLP intervention, 10 laws, regulations, policies or other barriers to government services or public accommodations will be eliminated or reduced. 4. Collaborative Efforts DLP staff participated in meetings of the following groups: Division of Vocational Rehabilitation State Rehabilitation Council, Architectural Accessibility Board, AT Loan Advisory Committee, Access Wilmington Committee, Victim Rights Task Force Disability Subcommittee, Victims Compensation Assistance Program Advisory Council, and HIV Planning Council. A DLP senior paralegal served as chair of the State Rehabilitation Council. DLP staff were members of the other organizations. Delaware utilizes a managed care system with MCOs to implement its Medicaid program. Most of the State’s 230,000 Medicaid enrollees participate in this system. Consumer organizations (Delaware Managed Care Panel; Delaware Family Voices) sponsor regular teleconferences to address issues arising within the system. A DLP attorney participates in the calls and provides on-going technical assistance. The DLP routinely collaborated with the State Council for Persons with Disabilities (SCPD); Governor’s Advisory Council for Exceptional Citizens (GACEC), and other groups to educate policymakers on the potential effects of laws, regulations, and policies on PAIR constituents. DLP legislative and regulatory analyses are issued at SCPD and GACEC request. Concomitantly, the DLP promoted initiatives which enhanced access to government services and public accommodations. The following are illustrative: LEGISLATION Access to Health Care The DLP had assisted with the drafting of legislation to authorize persons with a serious illness or frailty to obtain a medical order incorporating the person’s choices of treatment to guide emergency medical personnel. The legislation was revised in 2015 and introduced as H.B. 64. The DLP issued an analysis of the bill which was adopted by multiple councils and shared with policymakers. The legislation was enacted and signed by the Governor on May 28, 2015. Legislation (H.B. 5) was introduced to add “e-cigarettes” to Delaware’s Clean Indoor Air Act which would ban use “in any indoor enclosed area to which the general public in invited or in which the general public in permitted” on the same basis as lighted cigarettes, pipes, and cigars. This would protect individuals from second-hand vapors and emissions linked to cancer. The DLP issued a generally positive analysis of the bill along with a critique of proposed amendments proffered by tobacco and vapor businesses. Multiple councils adopted the analysis which was shared with policymakers. The legislation was enacted and signed by the Governor on July 7, 2015. Access to Financial Benefits A high percentage of adults with disabilities participate in the Food Supplement Program. See http://www.ehow.com/info_7956104_disabled-veterans-food-stamps.html . Indeed, SSI beneficiaries are categorically eligible for the Food Supplement Program. See http://www.ssa.gov/policy/docs/ssb/v67n4/67n4p71.html . Approximately 17% of Delawareans (152,000) participate in the Program. Legislation (H.B. No. 94) was introduced to limit the types of foods and beverages which could be purchased under the Program. The initiative was opposed by the Delaware Department of Health & Social Services and the Delaware Food Bank. The DLP issued a generally negative analysis of the legislation which was adopted by multiple councils and shared with policymakers. The legislation was tabled in committee on April 16, 2015. Legislation (H.B. 17) was introduced to authorize a broad range of financial institutions to “freeze” transactions if they suspected fraud require financial institutions to report suspected financial exploitation. The bill was intended to protect resources of the elderly and persons with disabilities. The DLP issued a generally positive analysis which was adopted by multiple councils and shared with policymakers. The bill was enacted and signed by the Governor on June 4, 2015. Access to Employment Based on DLP-authored legislation enacted in 2001, the Division of Aging and Adults with Physical Disabilities administers a community-based attendant services program which supports employment of individuals with disabilities. In FY13, the DLP Project Director, CAP Director, and representatives of several public and private agencies served on a work group which developed proposed revisions to the enabling legislation. In FY14, revisions to the draft legislation were made. In FY15 the DLP edited the final bill in conjunction with Legislative Counsel and provided technical assistance to policymakers. The legislation (H.B. No. 110) passed the House and Senate and was signed by the Governor on June 30, 2015. Legislation (H.B. No. 111) was introduced to expand the scope of assistance with medications which trained laypersons could provide in certain settings. The DLP prepared an analysis which was adopted by multiple councils and shared with policymakers. The DLP identified a major problem with the bill since it authorized the assistance in “adult day habilitation centers” but not pre-vocational and supported employment settings. The DLP noted that 1,365 of 2,152 Division of Developmental Disabilities Services (DDDS) clients with day services were in pre-vocational or supported employment settings and the bill provided an employment disincentive for such persons. Most DDDS clients are SSI beneficiaries. The DLP analysis prompted two House amendments and a Senate amendment. The latter amendment expanded the application of the bill to include all DDDS clients in vocational and supported employment settings. The legislation, as amended, was enacted and signed by the Governor on July 10, 2015. Access to Voting Process Legislation (H.B. 105) was introduced to amend restrictions on absentee voting in the Delaware Constitution. For example, the Constitution contemplates use of absentee ballots based on “sickness or physical disability” but omits any reference to “mental disability”. The bill would remove limitations and allow the General Assembly to enact laws covering qualifications for use of absentee ballots. At least 27 states allow “no excuse” absentee voting. The DLP prepared a generally positive analysis which was adopted by multiple councils and shared with policymakers. The bill was released from committee in April, 2015 and awaits further action in 2016. DLP attorneys met with the State Election Commissioner on September 16, 2015. The DLP provided draft legislation to correct inconsistencies in the Election Code concerning the right of voters with disabilities to have someone assist them in the voting booth. The Commissioner shared her positive predisposition to the legislation which should be introduced in 2016. Access to Legal Assistance Legislation (S.B. 28) was introduced to revise the enabling legislation for the Public Defender’s Office which represents approximately 83% of indigent defendants. Since individuals with disabilities are disproportionately low-income, the legislation would have a significant impact on PAIR constituents. The DLP issued an analysis which identified 5 concerns. Multiple councils adopted the analysis which was shared with policymakers. As a result, a revised bill (S.B. 47) which corrected 4 of 5 identified concerns was introduced, enacted, and signed by the Governor on May 28, 2015. REGULATIONS & POLICIES Physical Access The State OMB published proposed regulations to implement recently enacted legislation allowing local governments to qualify for incentives to establish “downtown development districts”. The regulations identified several factors which would be considered in assessing the merits of applications, including energy efficiency and environmental effects. The DLP issued an analysis which noted that “physical accessibility” could be added to the list of material factors and that a reference to the Architectural Accessibility Board’s review of construction plans could be added. Multiple councils adopted the analysis which was shared with OMB. A final regulation had not been issued as of September 30, 2015. [18 DE Reg. 359 (11/1/14) (proposed)] The Division of Public Health published proposed regulations to ensure prompt access to a locked hospital bathroom after the death of a patient. The DLP issued an analysis which identified 3 concerns. Multiple councils adopted the analysis which was shared with the Division. The Division adopted a final regulation with no amendments. [18 DE Reg. 119 (8/1/14) (proposed); 18 De Reg. 390 (11/1/14) (final)] Access to Health Care The Division of Medicaid & Medical Assistance (DMMA) published proposed regulations modifying its PASRR standards for screening individuals for nursing home admission. The DLP issued an analysis which identified 4 concerns. Multiple councils adopted the analysis which was shared with the Division. The Division adopted a final regulation incorporating 3 amendments prompted by the analysis, including clarification of the final decision-maker and the appeal process. [18 DE Reg. 106 (8/1/14) (proposed); 18 DE Reg. 305 (10/1/14) (final)] The Division of Medicaid & Medical Assistance (DMMA) published proposed regulations covering Medicaid MCOs. The DLP issued an analysis which identified several concerns. The analysis was adopted by multiple councils and shared with the Division. The Division adopted a final regulation incorporating 4 amendments prompted by the commentary including correction of citations, amendment of performance bond standards, and correction of accounting references. [18 DE Reg. 504 (1/1/15) (proposed); 18 DE Reg. 693 (3/1/15) (final)] The Division of Medicaid & Medical Assistance (DMMA) published proposed regulations on Medicaid reimbursement of primary care physicians. The DLP issued an analysis identifying 1 concern. Multiple councils adopted the analysis which was shared with the Division. The Division adopted the regulation with no further changes based on the rationale that it conformed to a CMS template. [18 DE Reg. 424 (12/1/14) (proposed); 18 DE Reg. 642 (2/1/15) (final)] The Division of Medicaid & Medical Assistance (DMMA) published proposed regulations on Medicaid reimbursement for rehabilitation hospitals. The Division was adopting Medicare payment standards and rates which are adjusted annually. The DLP issued a generally positive analysis which was adopted by multiple councils and shared with the Division. The Division acknowledged the commentary and adopted a final regulation which conformed to the proposed version. [18 DE Reg. 509 (1/1/15 (proposed); 18 DE Reg. 784 (4/1/15) (final)] The Division of Medicaid & Medical Assistance (DMMA) published proposed regulations on Medicaid funding of drugs. The DLP issued a generally positive analysis which was adopted by multiple councils and shared with the Division. The Division adopted a final regulation which conformed to the proposed version. [18 DE Reg. 838 (5/1/15) (proposed); 19 DE Reg. 57 (7/1/15) (final)] The Department of Health & Social Services proposed to replace its substance abuse and addiction facility licensing regulation. The DLP issued a lengthy analysis which identified 24 concerns. Multiple councils adopted the analysis which was shared with the Division. A final regulation had not been issued as of September 30, 2015. [18 DE Reg. 938 (6/1/15) (proposed)] The Division of Medicaid & Medical Assistance published a proposed regulation to adopt a State Medicaid Plan amendment to define an approved originating site as including a patient’s place of residence. The DLP issued an analysis which raised one concern, the proposed language could be construed as limiting use of telemedicine in other settings. Multiple councils adopted the analysis which was shared with the Division. The Division issued a final regulation which incorporated the DLP’s proposed standard verbatim: “An approved originating site may include the DMAP member’s place of residence, day program, or alternate location in which the member is physically present and telemedicine can be effectively utilized.” [19 DE Reg. 20 (7/1/15) (proposed); 19 DE Reg. 191 (9/1/15) (final)] The Division of Medicaid & Medical Assistance proposed adoption of a Medicaid State Plan Amendment to add therapeutic horseback riding (hippotherapy) as a form of approved physical, occupational, or speech therapy. The DLP issued an analysis which identified 2 concerns: 1) only 1 therapist in the entire State meets the State’s provider qualifications; and 2) the regulation literally disallows coverage of occupational therapy unless linked to medical “improvement” to the exclusion of restoration of function or prevention of a worsening of a condition. Multiple councils adopted the analysis which was shared with the Division. A final regulation had not been adopted as of September 30, 2015. [19 DE Reg. 164 (91/15)(proposed)] The Division of Professional Regulation published a proposed regulation to amend nurse licensing and practice standards. The DLP issued an analysis which identified 4 concerns, including the consequences of medication errors and restrictions on the settings in which a clinical skills checklist could be completed. Multiple councils adopted the analysis which was shared with the Division. A final regulation had not been published by September 30, 2015. [19 DE Reg. 125 (8/1/15) (proposed)] Delaware law authorizes the dispensing of medical marijuana to individuals with certain health care conditions, including cancer, AIDs, and seizure disorders. The Division of Public Health published emergency and proposed regulations amending several provisions in the State Medical Marijuana Code. The DLP issued an analysis which identified 7 concerns. Multiple councils adopted the analysis which was shared with the Division. Final regulations had not been issued as of September 30, 2015. [19 DE Reg. 91 (emergency) and 116 (proposed)] Access to Financial Benefits Historically, a high percentage of individuals enrolled in TANF are persons with disabilities. See http://www.ssa.gov/policy/docs/ssb/v65n3/v65n3p14.html and http://www.urban.org/publications/411883.html. The Division of Social Services (DSS) proposed to adopt 23 pages of program standards effective through December 31, 2016. The DLP issued a generally positive analysis of the standards which was adopted by multiple councils and shared with the Division. The Division acknowledged the endorsements and adopted the standards with no further changes. [18 DE Reg. 354 (11/1/14) (proposed); 18 DE Reg. 646 (2/1/15) (final)] The Division of Social Services (DSS) maintains a child care subsidy program to facilitate the employment of TANF beneficiaries and other special-needs individuals. DSS published a proposed regulation removing some restrictive eligibility standards. The DLP issued a generally positive analysis with one recommended amendment. Multiple councils adopted the analysis which was shared with the Division. The Division adopted a final regulation incorporating the DLP-prompted amendment. [18 DE Reg. 514 (1/1/15) proposed; 18 DE Reg. 697 (3/1/15) final)] Access to Employment The Division of Medicaid & Medical Assistance proposed to establish a program (“PROMISE”) which would include many vocational services, including supported employment, individual employment supports, benefits counseling, financial coaching, and non-medical transportation. As proposed, the program was limited to individuals with certain mental diagnoses. The DLP issued a generally positive analysis but recommended consideration of expansion of eligibility to include individuals with TBI and neurological impairments. Multiple councils adopted the analysis which was shared with the Division and DHSS Administration. Unfortunately, the Division declined to expand eligibility. [18 DE Reg. 186 (9/1/14) (proposed); 18 DE Reg. 186 (11/1/14) (final)] The Division of Medicaid & Medical Assistance proposed to delete “rehabilitative services” from the Medicaid State Plan which served as the basis for both residential and non-residential support services for persons with mental disorders. The Division posited that the new “PROMISE” program made the rehabilitative services unnecessary. The DLP issued a generally negative analysis since the PROMISE program only covers individuals with certain diagnoses and excludes all neurocognitive disorders, all trauma-and stressor-related disorders apart from PTSD, and TBI. Multiple councils adopted the analysis which was shared with policymakers. Unfortunately, the Division was unpersuaded and deleted “rehabilitative services” from the Medicaid State Plan, [18 DE Reg. 429 (12/1/14) (proposed); 19 DE Reg. 60 (7/1/15) (final)] The Division of Family Services issued an emergency regulation covering criminal background checks for employment in youth camps. The DLP prepared an analysis which identified a potential conflict with federal EEOC guidance. The regulation categorically barred the employment of anyone with a felony conviction within 7 years. In contrast, EEOC guidance discourages consideration of convictions unless the conduct is “job related and consistent with business necessity”. Multiple councils adopted the analysis which was shared with the Division. The Division retained the regulation with no changes. [19 DE Reg. 6 (7/1/15)(emergency)] The DLP provided technical assistance to the Delaware Employment First Commission which is charged with promoting integrated, competitive employment opportunities for individuals with disabilities. At the Commission’s request, the DLP provided draft DLP-authored legislation which would authorize a State tax credit for employers who hired DDDS clients along with background on similar initiatives in other states. Access to Adult Education The Department of Education (DOE) published a proposed regulation covering enrollment in adult high school education. Such programs offer a route to acquisition of a diploma for young adults. The DLP issued an analysis which identified several concerns with inflexibility. For example, the regulation barred students participating in the School Credit program from receiving instruction during the school’s regularly scheduled school day. It also disallowed enrollment for credit unless the student committed to graduate from the particular program and required a principal’s letter of recommendation in some instances. Multiple councils adopted the analysis which was shared with the DOE. The DOE adopted a final regulation with no amendments. [18 DE Reg. 343 (11/1/14) (proposed); 18 DE Reg. 561 (1/1/15) (final)] ARCHITECTURAL ACCESSIBILITY BOARD REVIEWS A DLP Senior Attorney is a Governor’s appointee to the Architectural Accessibility Board (AAB) which must approve plans for new construction and renovations of buildings using State funding. The DLP participated in formal reviews of 134 sites. The AAB disapproved 21 sets of plans, prompting revision to ensure conformity with accessibility standards. Based on DLP-authored legislation, the SCPD is authorized to refer polling place accessibility issues to the Architectural Accessibility Board (AAB) for an on-site inspection. Local boards of election are required to defer to the Board’s findings. The DLP identified parking, curb cut, and route of travel deficiencies in seven (7) polling sites which the SCPD agreed to share with the AAB. The AAB conducted inspections in June, 2015 which substantiated deficiencies in all of the sites. The results were submitted to State and local election departments. The DLP also shared the results of many surveys of other problematic sites with State and local election departments and convened a meeting with the State Election Commissioner in September, 2015 to review concerns. 5. Number of Cases - 87 6. Case Summaries Physical Access Sixty year old with orthopedic impairments complained that shopping center had no accessible ramp/curb cut from parking lot to store entrances. The DLP filed an administrative complaint pursuant to Delaware’s Equal Accommodations Act. The Human Relations Commission (HRC) dismissed the complaint on the basis that it was essentially an ADA enforcement action. The DLP appealed the dismissal to Superior Court which reversed and remanded the HRC decision. The HRC accepted jurisdiction and initiated an investigation. In the meantime, the shopping center installed an ADA- complaint ramp which was satisfactory to the client and further proceedings were obviated. [09-3010026] Individual involved in federal litigation requested that district court allow him to file pleadings orally or through handwriting since he has difficulty typing due to neurological impairments. The district court ruled that requested accommodation was not required by ADA and Third Circuit affirmed. Individual sought DLP assistance to appeal to Supreme Court. The DLP reviewed pleadings, researched caselaw, and determined there was insufficient merit to offer representation. [15-0081225] State prison inmate contacted DLP for assistance. He had suffered stroke which resulted in nerve damage and partial paralysis. He had great difficulty using stairs and had been placed in second tier cell. The DLP contacted Attorney General’s Office who agreed to have inmate moved to first floor cell. Inmate confirmed that he had been relocated. [15-0081773] State prison inmate requested reasonable accommodation in recreation period. Inmate with orthopedic impairments alleged there was no seating available and if he sat on ground he could not get up. DLP contacted Attorney General’s Office. Physician assessment was conducted which determined that inmate had no significant limitations. Request was therefore denied. In the absence of a countervailing medical opinion, there was insufficient merit to contest. [15-0081943] Health Care Forty-six year old with muscular dystrophy was ventilator dependent and had tracheostomy and g-tube. He lived at home with mother. Medicaid MCO sent notice of reduction in private duty nursing (PDN) hours from 20 to 16 hours/day. The DLP filed a Medicaid appeal. The MCO reversed its decision and abandoned its proposed reduction of PDN hours prior to hearing. [15-0081500] Forty-nine year old with both respiratory and emotional disorders complained that Division of Medicaid & Medical Assistance had disallowed prescription for 2/day anti-depressant drug. The DLP submitted multiple requests to the prescribing physician for medical justification without result. The DLP assessed denial with DMMA pharmacist who stressed that prescription resulted in dosage significantly outside recommended range, that interaction with other drugs placed client at risk, and that DMMA was referring matter to Medical Board as “egregious error”. DMMA would approve 1/day prescription for the drug. The DLP advised the client of results of investigation and lack of merit of further appeal. [14-0080546] Fifty-two year old received notice of termination of eligibility from AIDS Medicaid waiver based on no longer meeting a nursing home level of care. DLP assisted client with request for Medicaid hearing and initiated acquisition of supporting medical records. State reevaluated medical condition and approval continued waiver eligibility. [14-0078489] Sixty-two year old with cognitive disorder was both Medicare and Medicaid beneficiary. She received modest bill for emergency room services from hospital. The DLP sent letter to hospital which prompted waiver of liability on debt . [15-0081901] Sole income of fifty-five year old with orthopedic impairments was $1,051/month is SSDI benefits. She had amassed a large debt at local hospital for medical care expenses not fully covered by Medicare. Her application for financial assistance from the hospital had been denied. The DLP contacted the hospital, determined the basis for the denial, acquired the requested documentation, and submitted the documentation to the hospital for processing. [13-1046396] Forty-four year old with cardiac disorder alleged that her Medicaid MCO had given prior approval for surgery and then declined coverage. She had received a large bill from the surgeon. The DLP investigated the allegations with the MCO and surgeon’s office, advised surgeon’s office to cease collection efforts, and prompted cessation of billing. [14-0079864] Fifty-two year old who was blind received attendant services through State contractor. He complained that his contractor had not paid his attendants recently which jeopardized his services. The DLP received multiple similar complaints, contacted both the State Medicaid agency and contractor, and determined that the delays in payment were attributable to the contractor’s conversion from a manual to automated payment system. The DLP negotiated a commitment to prospectively pay attendants within six (6) days of invoicing. [15-0080955] Prison inmate with diabetes developed a wound on foot which progressively worsened. Inmate alleged that he was given inadequate care and foot was eventually amputated. The DLP consulted a personal injury attorney who specialized in prison litigation who accepted a referral. [14-0080607] Forty-seven year old Deaf individual requested physician’s office to provide interpreter for scheduled appointments. Physician’s office declined and advised individual it was her responsibility to provide interpreter. The DLP contacted physician who expressed unfamiliarity with his legal obligations. Physician agreed to change policy so interpreter would be offered for appointments involving Deaf patients. [15-0081522] Same forty-seven year old Deaf individual requested second physician’s office to provide interpreter for scheduled appointments. Physician’s office declined. The DLP contacted physician who agreed to change policy so interpreter would be offered for appointments involving Deaf patients. [15-0081719] Fifty-one year old Deaf individual appeared at dentist office to make appointment and communicated through notes. He thought office refused to offer interpreter for scheduled appointment. DLP contacted office and determined staff did not believe he could “sign” so did not offer interpreter. Office agreed to provide interpreter for scheduled appointments. [15-0082474] Fifty-four year old with diabetes and COPD was billed approximately $20,000 for extended stay in rehabilitation facility not covered by Medic are. The DLP negotiated with facility which abandoned claim in its entirely. [14-0080127] Public Financial Benefits Forty-eight year old with end-stage liver disease had received SSDI for several years but recently received a cessation notice based on medical improvement. The DLP acquired additional medical support which was submitted to the Disability Determinations Service (DDS). The effort was successful, DDS determined that the client continued to meet medical eligibility standards, and client’s SSDI and Medicare were preserved. [15-0081391] Fifty-one year old SSDI beneficiary due to workplace injuries was determined by SSA to no longer qualify for benefits due to medical improvement. An ALJ referred him to DLP for legal assistance. The DLP acquired supportive medical records, represented the client in hearing, and obtained favorable decision. SSDI and Medicare benefits were preserved. [14-0079905] Fifty-two year old who became blind appealed denial of SSDI eligibility but received adverse decision. The DLP reviewed decision with private attorney specializing in SSDI who identified significant legal errors in decision and agreed to represent claimant at Appeals Council level. Client accepted referral. [14-0080240] Fifty-nine year old had $21,300 SSDI overpayment due to SSA administrative error. Client had filed for waiver but had not included important information in waiver application. DLP amended waiver application with missing information and waiver of entire amount was granted. [14-0079761] Forty-seven year old who was legally blind amassed $51,000 SSDI overpayment. Her request for waiver had been denied and she consulted DLP concerning appeal to ALJ level. DLP assessed, determined there was lack of merit to appeal since client had not reported earnings and currently had significant employment income. DLP also advised that ALJ could set repayment amount at relatively high figure and local office could be more lenient with repayment arrangements. [15-0082540] Fifty-five year old with spinal fusion and orthopedic impairments had amassed $17,917 SSDI overpayment due to employment earnings. His benefits had been stopped. The DLP assisted with reinstatement of benefits and a benign repayment schedule of $50/month towards the overpayment. [12-1033582] Forty-seven year old with orthopedic impairments had a total income of $243/month from TANF. She had previously received SSI which had been terminated based on past employment. She sought reinstatement of SSI. The DLP investigated and determined that she was not eligible for expedited reinstatement and would have to file a new SSI claim. Client was given guidance on new application. [14-0078770] Forty-one year old with diabetes, congestive heart failure and asthma did not understand notices she received from the SSA concerning earnings. The DLP assessed, determined that she client was in extended period of eligibility, and explained notices concerning earning above SGA level to client. DLP also provided strategies to keep monthly countable earnings under the SGA level. [15-0081599] Fifty-two year old with orthopedic impairments was receiving only $776/month in SSDI since $262/month was being withheld for child support. The DLP determined that support was being paid for years after child turned 18. The DLP represented in Family Court hearing and secured recalculation of support, significant reduction of arrears, and prospective reduction of arrears offset from SSDI to $75/month. [14-0080237] Fifty-six year old with neck and orthopedic impairments was SSI beneficiary. His monthly benefit was being reduced based on application of the 1/3 reduction rule based on imputed income from in-kind household member support. The DLP determined that the reduction was based on incorrect information included in a form submitted by his co-habiting parent. The DLP represented the client in several conferences at the SSA resulting in correction the record, restoration of the full ($773) monthly benefit, and retroactive payment of three (3) months of the 1/3 reduced benefit. [14-0080305] Fifty-seven year old with back and shoulder impairments due to workplace injury had amassed a $71,000 SSDI overpayment due to receipt of worker’s compensation benefits. The DLP learned that client had retained a bankruptcy attorney due to other debts. The DLP contacted the bankruptcy attorney and confirmed his willingness to include the SSDI overpayment in the bankruptcy petition. The DLP then contacted the SSA and ensured that collection would be held in abeyance pending disposition of the bankruptcy petition. [14-0078812] Fifty-seven year old with cancer and mental disorder had recently arrived in Delaware from Puerto Rico. He spoke only Spanish. His SSDI benefits has been suspended and he sought reinstatement. He did not understand why the benefits had been suspended. The DLP investigated with local SSA office and determined that a fraud investigation was being undertaken since a particular doctor in P.R. had engaged in extensive falsification of records supporting disability of many individuals. Benefits which had been approved based on the doctor’s information had been suspended until completion of the fraud investigation. The SSA was reviewing the client’s particular case as part of overall investigation. The DLP informed the client of the reason for suspension and encouraged him to ensure the SSA had a current address so he would receive notices. [14-0080323] Sixty year old with severe arthritis and vertigo had an overpayment of $1,442 which occurred when she switched from SSI to widow’s benefits upon the death of her husband. The SSA had negotiated a repayment agreement of $50 monthly. The DLP filed for waiver of the entire overpayment, represented the client in a conference at the local SSA office, and convinced the SSA to waive the entire overpayment. [15-0082608] Sixty-one year old with cardiac disorder had amassed a $41,000 SSDI overpayment due to employment earnings and her benefits had been stopped. Her health deteriorated and she was unable to work. The DLP successfully filed for reinstatement of benefits but the SSA proposed to apply her entire monthly benefit to repay the overpayment. The client had many bills and needed the benefits for basic living expenses. The DLP filed for waiver of the overpayment and secured a reduction to $8,360. The DLP also negotiated a benign ($20/month) repayment arrangement with the SSA which preserved most of the client’s monthly benefits. [14-0078355] Fifty-eight year old with respiratory disorder who had amassed a $28,000 SSDI overpayment continued receipt of benefits when she returned to work. Client’s request for waiver had been denied and she had requested an ALJ hearing. Based on merits, the DLP declined direct representation but obtained records from the SSA showing when she had reported earnings and created a monthly chart with earnings to show how overpayment was calculated. The DLP recommended accepting a repayment agreement with the SSA. [13-1045893] Fifty-four year old with both orthopedic and mental impairments had been determined medically eligible for SSDI but he could not qualify since his insured status had lapsed several years previously. The DLP acquired past medical records to support an earlier onset date but records were not supportive. The DLP provided advice to the client but declined direct representation based on a lack of merit. [15-0080928] Fifty-three year old with neurological disorder was SSDI beneficiary. Of his $789 monthly benefit, $475 was being garnished for child support leaving him only $314/month. The DLP obtained Family Court records showing the client had not appeared for a hearing and been imputed with $2,396 in monthly income. The DLP represented in Family Court mediation and negotiated a reduced order of $50/month on a balance of $2,300 in arrears only since the child had turned 18. This resulted in a significantly reduced garnishment from his monthly SSDI benefits. [14-0079245] Employment Discrimination Fifty-one year old had filed administrative complaint with State Department of Labor against employer for termination which she alleged was based on color and on mental disorder. She did not contact the DLP until the day of hearing. The DOL determined there was insufficient merit. The DLP provided guidance on pursuit of her complaint through the EEOC along with information on private counsel who routinely provide representation in such cases. [15-0081566] Sixty-one year old was unable to maintain work performance due to heart attack and COPD. Employer placed on light duty and later reduced his hours. Employee never requested reasonable accommodations. Employer eventually terminated employment in favor of approving private insurance-based disability payments. Given merits evaluation, DLP provided guidance on employment discrimination along with referral information of private counsel who specialize in field. [14-0080333] Employer of thirty-two year old with mental impairment had laid employee off due to attendance issues. Employee had been approved for limited FMLA leave to care for medical needs of daughter. It was unclear if employee had fully complied with terms of FMLA. The DLP provided technical assistance about applying for Unemployment Compensation and complaint process with DOL. [15-0081175] Sixty-five year old with cancer was placed on short-term disability by employer. She had questions about Family Medical Leave Act (FMLA). The DLP provided FMLA information to client. [15-0080978] B. SECOND PRIORITY: TRANSPORTATION 1. Identification The PAIR program will promote a consumer-friendly public transportation system and reduction of barriers to constituent travel. 2. Need, Issue or Barrier Addressed Persons with disabilities have difficulty commuting to work, traveling to medical appointments, and living independently when they cannot access the public transportation system. This inability to use the public transportation system has a disproportionate impact on less affluent persons with disabilities. Apart from the public transportation system, consumers are also affected by motor vehicle laws, parking ordinances, and private transportation providers. Finally, vehicular safety standards affect the incidence and exacerbation of injuries resulting in disability. 3. Outcome Indicators Indicators of a successful outcome under this priority include gaining access to public and private transportation, enhanced access to designated parking options, and removal of barriers to pedestrian travel. As reflected in the FY15 Priorities, the outcome indicators for this objective were as follows: a. As a result of DLP intervention, 5 persons will secure equal or improved access to transportation. b. As a result of DLP intervention, 5 laws, regulations, or policies will be changed or barriers to transportation eliminated or reduced. 4. Collaborative Efforts The DLP addressed transportation-related concerns through active participation in a DART paratransit advisory committee (EDTAC). The EDTAC reviewed and commented on proposed paratransit policies and participated in appeals of denials of paratransit eligibility. The DLP also addressed transportation matters through participation in the State Council for Persons with Disabilities (SCPD). The Council includes both a DLP representative and DART paratransit representative. Specific examples of collaboration with DART are as follows: The DLP joined with many Delaware disability-related organizations to sponsor a 25th anniversary of the ADA event in Delaware’s capitol. DART provided funding for the initiative, wrapped buses and bus stops with ADA anniversary signage, participated in a parade, and escorted a national ADA Legacy bus within the State. DelDOT reviewed draft statewide standards for accessible pedestrian travel with the SCPD in April, 2015. The DLP participated in the review and assisted with submission of official comments by the SCPD on April 14, 2015. LEGISLATION At SCPD request, the DLP drafted accessible parking legislation (H.B. 200) which was introduced on June 17, 2015. It was approved by a House committee on June 25, 2015. The bill requires local governments to issue permits for parking lots to ensure conformity with accessibility standards, increases fines for illegal parking in dedicated spaces, and enhances striping and sign requirements. Further action on the legislation is anticipated in 2016. 5. Number of Cases 7 6 Case Summaries Sixty-four year old who was blind used service dog to assist with mobility. He complained that the State Medicaid transportation providers routinely declined to transport him given service dog. The DLP filed administrative complaint under Delaware Equal Accommodations Act against State Medicaid transportation broker and one of the providers. Parties stipulated to favorable confidential settlement. [14-0078653] Thirty-six year old with quadriplegia was reliant on power wheelchair for mobility. He complained that Medicaid transportation broker frequently cancelled his transportation to medical appointments at the last minute. DLP reviewed complaint with broker which prompted cessation of last-minute cancellations. [13-0077542] Eighty year old with orthopedic impairments was reliant on wheelchair for mobility. The offices of his physician and dentist were in the same complex operated by a condominium association. The parking lot was configured so curb cuts on accessible route aligned to regular parking spaces. If anyone parked in those spaces, the curb cuts were blocked and wheelchair user could not reach curb and entrances. Client had contacted condominium association attorney and been rebuffed. Client had also complained to Attorney General’s Office and local legislator who referred to DLP. The DLP investigated, issued a “demand” letter, and the parking lot was restriped and access aisles added to conform to ADA standards. [14-0078622] Seventy-five year old with arthritis was reliant on wheelchair for mobility. He complained that three (3) retail establishments in a municipality lacked fully accessible routes of travel from parking lots to entrances. The DLP engaged an expert who assessed the sites and determined that they met ADA standards. The client was advised of the findings. [10-1028371] Sixty-nine year old with COPD had appealed denial of paratransit eligibility. She had missed two appeal hearings but had been granted provisional eligibility for six months. Client was unclear on status of her overall appeal. The DLP requested her records and contacted DelDOT Administrator. DelDOT approved unconditional eligibility subject to review in three (3) years. [14-0080331] Fifty-seven year old with visual impairment requested information about specific paratransit policies not addressed on DelDOT’s website. The DLP shared inquiry with DelDOT’s paratransit administrator who provided written response to questions which the DLP shared with client. [15-0081940] Forty-eight year old with neurological impairment contacted DLP regarding denial of Delaware driver’s license by Delaware DMV since her documentation did not match her Pennsylvania driver’s license. The DLP assessed and provided guidance to the client on multiple options to correct problem. [15-0081836] C. THIRD PRIORITY: HOUSING; INDEPENDENT LIVING 1. Identification The PAIR program will promote freedom from disability-based discrimination in housing and the reduction of barriers to independent living. 2. Need, Issue, or Barrier Addressed Without adequate housing and support services, persons with disabilities are unable to live independently in the community. When a landlord, mobile home park owner, or zoning board refuses to make accommodations in its policies or practices, it denies the person with a disability the right to live in a setting of the individual’s choice. 3. Outcome Indicators Factors used to determine a successful outcome under this priority include gaining access to an accessible residence or landlord accommodations; retention of a residence in the community; enjoyment of all the rights/privileges related to tenancy or home ownership; safety and quality of services within congregate living settings; and acquisition of home health and other supports to facilitate successful community living. As reflected in the FY15 Priorities, the outcome indicators for this objective were as follows: a. As a result of DLP intervention, 10 persons with disabilities will secure equal access to or maintain housing or independent living supports. b. As a result of DLP intervention, 10 laws, regulations, or policies will be changed or other barriers to housing eliminated or reduced. 4. Collaborative Efforts The DLP Project Director served on the State Council for Persons with Disabilities Housing Committee and attended the majority of meetings convened in FY15. The DLP addressed several bills, regulations, and policies affecting housing or reducing barriers to independent living. The following is a partial list. DLP legislative and regulatory analyses are issued at SCPD and GACEC request. LEGISLATION Twelve states and D.C. have enacted laws banning discrimination in housing based on source of income (e.g. SSDI; SSI; vouchers). Delaware legislation (H.B. No. 196) to add source of income to the Fair Housing Code failed to pass in 2014 given realtor and landlord opposition. In 2015, the DLP worked with the SCPD’s Housing Committee to plan for introduction of a more limited bill which would omit vouchers. The DLP prepared edited legislation in April, 2015 which the SCPD shared with realtor and landlord groups. The SCPD envisions introduction of the bill in 2016. The Division of Long-term Care Resident Protection (DLTCRP) sent a draft of a complete (55—page) revision of the Delaware Code long-term care licensing standards to policymakers who, in turn, requested a DLP analysis. The proposal would have a significant impact on admission and discharge standards, use of funds derived from provider penalties, composition of group homes for persons with AIDS, frequency of facility inspections, use of former employees to conduct facility inspections, penalties for failure to report suspected abuse/neglect, posting of information in small facilities, and the scope of criminal background checks. The DLP issued an analysis identifying 22 concerns. DLP attorneys met with DLTCRP Administration on September 15, 2015 and reached consensus on some, but not all, revisions. The most problematic issue is the Division’s desire to dilute resident protections from involuntary discharge. Legislation (S.B. 107) was introduced to remove restrictions on the settings in which home health and personal assistance services can be provided. The bill would allow residents of long-term care facilities to contract for such services. The DLP issued a generally positive analysis of the legislation which was adopted by multiple councils and shared with policymakers. The legislation was enacted and signed by the Governor on July 27, 2015. Legislation (H.B. 63) was introduced to streamline the process for a guardian’s sale of a ward’s real estate. Such sales are common when a ward’s condition deteriorates and transfer to a supportive setting (e.g. assisted living) is contemplated. The DLP issued an analysis which identified 2 concerns. Multiple councils adopted the analysis which was shared with policymakers. The bill was enacted without amendment and signed by the Governor on June 26, 2015. REGULATIONS & POLICIES The Division of Long-term Care Resident Protection (DLTCRP) proposed a complete revision to its standards covering rest (family) care homes last amended in 1993. The DLP issued a lengthy analysis which was adopted by multiple councils and shared with the Division. The Division adopted a final regulation incorporating 13 amendments prompted by the analysis, including a requirement that ramps meet ADA standards, elimination of a ban on portable air conditioners, adoption of a ban on bunk beds, decrease of density standard from 3 residents per bedroom to 2 residents per bedroom, and an increase in the number of showers per home. ]18 DE Reg. 282 (10/1/14) (proposed); 18 DE Reg. 569 (1/1/15) (final)] The Division of Long-term Care Resident Protection (DLTCRP) proposed a set of regulations covering the financial “soundness” of licensed long-term care facilities with three (3) or more residents. The DLP issued an analysis which identified nine (9) concerns. Multiple councils adopted the analysis which was shared with the Division. The Division issued a second set of proposed regulations which corrected identified problems. The DLP issued an analysis which identified additional concerns. Multiple councils adopted the second analysis which was shared with the Division. The Division adopted a final regulation incorporating 3 amendments prompted by the commentary. [18 DE Reg. 497 (1/1/15) (proposed); 18 DE Reg. 761 (4/1/15) (revised proposed); 19 DE Reg. 52 (7/1/15) (final)] Based on CMS guidance, the Delaware Department of Health & Social Services prepared a draft plan to assess whether Medicaid waiver-funded residential and non-residential services are provided in integrated settings. The DLP submitted extensive comments in February and March, 2015 and testified in a public hearing. The DLP’s comments were adopted by multiple councils. The comments prompted 17 plan amendments. The DLP participated in a DHSS Transition Plan Focus Group in January, 2015 which developed recommendations for inclusion in the Delaware HCBS Settings Plan. The DLP also served on two work groups which developed protocols and assessment tools finalized in June, 2015 to evaluate residential and employment settings. 5. Number of Cases 13 6. Case Summaries Fifty-one year old with orthopedic impairment moved to new apartment and was unable to obtain electricity since she had $3,900 in past unpaid public utility bills. The DLP investigated and determined that past bills were for house she owned and declined representation in pending hearing based on lack of merit. [14-0079835] Sixty-three year old with pulmonary impairment relied on CPAP machine. Consistent with State law, she had historically submitted a physician’s certification of reliance on the CPAP machine to utility which exempted her from termination of electricity as long as she submitted good faith payments. She owed several thousand dollars to utility. Utility rejected latest physician certification since completed on superseded form. She objected to using new form. The DLP provided guidance on new form, importance of making some payment monthly, and ramifications of non-compliance with State law. Client used new form and continued exemption from electricity termination. [15-0080682] SSDI beneficiary lived in unit within a retirement community. Manager informed him that two friends were no longer welcome to visit since they roamed building. DLP assessed but determined that facility was not a licensed long-term care facility subject to State licensing and bill of rights. Client was advised of other options to explore with manager. [14-0080270] Fifty-four year old had stroke which resulted in disability. He used wheelchair for mobility and lived in nursing home. He was interested in leaving nursing home. The DLP provided some technical assistance and referral to State agency with transition resources. [15-0081825] Forty-four year old with mobility and communication impairments due to stroke requested assistance with relatives living in his home who ceased paying rent. The DLP learned he had retained lawyer of non-profit legal services agency for bankruptcy involving home. DLP consulted bankruptcy attorney who agreed to include this related issue in representation. [15-0082026] D. FOURTH PRIORITY: AUTONOMY 1. Identification The PAIR program will promote constituent autonomy and self-assurance through training, information dissemination, and assistance with substitute or advance consent documents. 2. Need, Issue, or Barrier Addressed The PAIR program promotes consumer self-advocacy through both group training and answering individual inquiries. Autonomy is also enhanced by DLP preparation of advance health care directives and powers of attorney for clients on a limited basis. This facilitates implementation of consumer choice in health care and financial matters. 3. Outcome Indicators Factors used to determine success include the number of individuals trained in group settings, the number of individuals provided with individual technical assistance, and the number of individuals obtaining advance health care directives or powers of attorney. As reflected in the FY15 Priorities, the outcome indicators fo this objective were as follows: a. The DLP will provide information and referral services to 100 individuals and agencies. b. The DLP will provide training to 10,000 individuals through articles, seminars, training events, and dissemination of training materials. c. The DLP will prepare a minimum of 12 powers of attorney, advance directives, and similar authorizing documents. 4. Collaborative Efforts Consistent with PPR, Part 1, Section B, the DLP conducted 26 group training events. Collaborating agencies included the State Council for Persons with Disabilities, Department of Health & Social Services, and Center for Disabilities Studies. Since State law requires the Long-term Care Ombudsman to witness execution of advance health care directives (AHCDs) by residents of long-term care facilities, the DLP often collaborated with the Ombudsman in finalizing such documents. The DLP addressed multiple bills affecting autonomy. The following is a partial list. DLP legislative and regulatory analyses are issued at SCPD and GACEC request. Legislation was introduced to formally establish an Office of Financial Empowerment within the Department of Health & Social Services. The Office would provide 1:1 financial coaching targeting low income individuals, including assistance with budgeting, goal-setting, and career development. A Spanish version of the program, “Stand By Me Hispano”, was included in the initiative. The legislation would benefit SSI/SSDI beneficiaries who could receive free financial coaching and planning assistance. The DLP issued a generally positive analysis which was adopted by multiple councils and shared with policymakers. The bill was enacted and signed by the Governor on July 9, 2015. The DLP prepared an analysis of draft legislation establishing a process for a competent, terminally ill individual to obtain a drug to end life. The DLP identified several technical weaknesses with bill resulting in amendments to add specific citations, add conflict of interest protections for witnesses, ensure compatibility with pharmacy law, and require the cause of death to be listed as the underlying illness. The resulting bill (H.B. 150) was introduced but tabled in committee in May, 2015. Many advocacy agencies did not support the initiative. The DLP served on a work group preparing “supported decision-making” legislation as an alternative to guardianship. The DLP assisted with drafting the bill which was not finalized as of September 30, 2015. Other collaborating agencies include the Office of the Public Guardian, SCPD, and Department of Health & Social Services. Introduction of a bill is planned in 2016. 5. Number of Cases 13 6. Case Summaries Fifty-two year old with ABI, CVA, and severe expressive aphasia lived in assisted living facility. Client’s mother had recently died, leaving house and property to client and her brother. Brother filed for guardianship of client. The DLP represented client in Chancery Court to oppose guardianship. DLP also arranged for support services, including bill paying service, for client. DLP negotiated a settlement in which guardianship petition was withdrawn and brother “bought out” client’s interest in house. The DLP facilitated establishment of special needs trust so proceeds would not affect eligibility for public benefits. [08-2007937; 10-2008573] Seventy-eight year old with orthopedic impairments alleged that his landlord had somehow been appointed his representative payee, gave him little money, and used his Food Supplement Program benefits to purchase groceries and cook food for entire house. The DLP investigated, determined that client was living in a specialized group home for sex offenders, and verified that the SSA had properly appointed the sponsoring agency as the representative payee for the client’s SSDI and SSI benefits. [14-0078399] Sixty-one year old with orthopedic and cognitive impairments was SSI beneficiary. Her sister was representative payee and agent under power of attorney to deal with finances. Client complained that sister was not giving her adequate spending money and diverting some funds to other sister. The DLP investigated and determined there was no evidence of misuse of funds. [14-0080035] Twenty-nine year old with hearing impairment and cognitive disability was interested in changing her court-appointed guardian from one relative to another relative. She had already filed petition. She was given technical assistance to facilitate submission of documentation of new relative’s willingness to serve. [15-0081258] Sixty-two year old with orthopedic impairment wished to revoke a power of attorney naming son as agent. The DLP prepared revocation documents which client executed and shared with her financial institutions. [14-0080452] Forty-six year old with muscular dystrophy requested advance health care directive and power of attorney naming mother and sister as joint agents. Documents were prepared and executed. [15-0081660] Twenty-six year old with visual impairment requested durable power of attorney and advance health care directive. DLP interviewed and prepared documents which client executed. [14-0079433] Fifty-eight year old with orthopedic impairment requested advance health care directive and power of attorney naming daughter as agent. DLP interviewed and prepared documents which client executed. [14-0080185] Sixty-six year old with cancer had advance health care directive and power of attorney naming husband as agent. Husband had died and she desired new documents naming new agent. DLP interviewed and prepared documents which client executed. [15-0081078] Forty-eight year old with cancer was in hospital with declining health. She desired advance health care directive and power of attorney. DLP interviewed in hospital and prepared documents which client signed. [14-0080340]

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.

DISABILITIES LAW PROGRAM FY 2016 P&A FOR INDIVIDUAL RIGHTS (PAIR) PRIORITIES INTRODUCTION The Disabilities Law Program (“DLP”) of the Community Legal Aid Society, Inc. (“CLASI”) provides services to individuals consistent with the following authorizing legislation: 1) Protection & Advocacy for Individual Rights (PAIR); 2) Protection & Advocacy for Individuals with Mental Illness (PAIMI); 3) Protection & Advocacy for Individuals with Developmental Disabilities (PADD); 4) Protection & Advocacy for Assistive Technology (PAAT); 5) Protection & Advocacy for Beneficiaries of Social Security (PABSS); 6) Protection & Advocacy for Individuals with Traumatic Brain Injury (PATBI); and 7) Protection & Advocacy for Voting Access (PAVA) This document defines the priorities for FY 2016 (October 1, 2015 - September 30, 2016) of the first component, PAIR. INTERAGENCY COORDINATION The focus of the PAIR program is to provide services to individuals with disabilities ineligible under traditional advocacy projects, i.e., PAIMI, PADD, and client assistance programs (CAPs). See 29 U.S.C. §794e(f). However, federal law envisions that the PAIR will coordinate advocacy with such organizations as well as the Long-term Care Ombudsman. In deference to this mandate, the PAIR program closely coordinates with the DLP’s PAIMI and PADD components as follows: 1) PAIMI, PADD, and PAIR program priorities are designed to be complementary; 2) intraoffice referrals among programs are routinely made to ensure that applicants are screened for eligibility by the appropriate DLP subdivision; 3) reference materials and training resources are routinely shared; and 4) the DLP Legal Advocacy Director coordinates advocacy across the three programs to minimize duplication of effort. Likewise, the CAP director serves on the DLP’s PAIR advisory council and the DLP supplements CAP advocacy in the vocational rehabilitation context as follows: 1) DLP staff member serves as the Chair of the Dept. of Labor’s Division of Vocational Rehabilitation [“DVR”] advisory council; 2) DLP staff serve on the DVR Client Services Policy Committee, Membership Committee; Government Relations Committee; State Plan Committee, and Annual Report Committee; 3) DLP Director and CAP representative serve together on the State’s special education council, the Governor’s Advisory Council for Exceptional Citizens; 4) DLP Project Director and CAP Director serve together on the State Council for Persons with Disabilities Policy & Law Committee which acts on the DLP’s monthly critiques of legislative, regulatory, and policy initiatives; 5) DLP staff responds to CAP requests for technical information on matters within the DLP’s particular expertise; 6) DLP staff screens CAP referrals on matters outside the CAP’s mandate; and 7) DLP staff offers independent or collaborative training on the vocational rehabilitation system on request. Finally, the Home and Community-based Services Ombudsman serves on the DLP’s PAIR advisory council and the DLP supports and supplements Ombudsman advocacy as follows: 1) DLP responds to Ombudsman requests for technical assistance; 2) DLP staff offers independent and collaborative training on abuse, neglect, and rights of constituents. 3) DLP staff and the Ombudsman serve together on the State Nursing Home Residents Quality Assurance Commission. 4) DLP Project Director and Ombudsman representative serve together on State Council for Persons with Disabilities Policy & Law Committee. SCOPE OF ADVOCACY The scope of PAIR program advocacy includes a broad array of activities, including information and referral, counseling and technical assistance, community education, negotiation, litigation, and legislative and regulatory analysis. Given relatively modest funding, the PAIR program is guided by these priorities in determining the type and scope of services provided to eligible constituents. SPECIFIC PRIORITIES AND OBJECTIVES I. ACCESSIBILITY GOAL: The PAIR program will promote and facilitate access to governmental programs and public accommodations. OBJECTIVES: 0100 A. Provide direct advocacy services if an individual has been prevented from effectively accessing important governmental programs based on systemic policy or barrier(s) contrary to federal or state law. 0102 B. Provide direct advocacy services to individuals prevented from effectively accessing important public accommodations because of barriers or discrimination proscribed by federal or state law. OUTCOME INDICATORS: A. As a result of DLP intervention, 55 persons will secure equal or improved access to governmental services or public accommodations. B. As a result of DLP intervention, 10 laws, regulations, policies or other barriers to government services or public accommodations will be eliminated or reduced. RATIONALE: This priority encompasses enforcement of both Titles II and III of the ADA, as well as Delaware’s equal accommodations law, Title 6 Del.C. Ch. 45. Both public sector and private sector compliance with the ADA will be promoted. This priority also extends to promotion of effective constituent access to “safety-net” public benefit programs. In the public sector, the DLP contemplates legal assistance to protect the rights of Medicaid beneficiaries, particularly those enrolled in the DSHP managed care system. Access to basic health care is a high priority among PAIR constituents and Delaware’s Medicaid MCOs have historically denied, in whole or part, valid claims for services. The transition to a DSHP Plus system effective April, 2012 has significantly increased the number of Medicaid beneficiaries subject to MCO oversight. The DLP anticipates the provision of legal assistance to DSHP and DSHP Plus participants whose eligibility for services has been improperly denied. The DLP expects to support continued implementation of a Medicaid Buy-in program [a/k/a Medicaid for Workers with Disabilities (“MWD”) program] and support planning activities to develop a Medicaid State Plan amendment adopting a Medicaid Community First Choice Option. The DLP will collaborate with the SCPD to educate policymakers on the merits of expanding access of adult Medicaid beneficiaries to acute and preventative dental services, including analyses of pending S.B. No. 142 and S.B. No. 148. The DLP will analyze draft regulations implementing recently enacted H.B. No. 64 which authorizes medical orders defining an individual’s desired scope of treatment. The DLP will support continued implementation of the Money Follows the Person program. The DLP contemplates supporting the work of the Home and Community-based Services Ombudsman (HCBSO). The DLP anticipates continuing efforts to support State planning and implementation of the federal Affordable Care Act. Apart from health care, the DLP routinely receives requests for assistance with “safety-net” income-maintenance programs (e.g. preservation of SSI in State child support reimbursement context; preservation of SSI/SSDI benefits through overpayment waivers or incremental repayment agreements). The DLP expects to deter constrictive enforcement of the Delaware Equal Accommodation law through both litigation and collaboration with the SCPD on remedial legislation. The DLP anticipates on-going advocacy to promote the accessibility of public parks and outdoor recreation sites. The DLP envisions support for implementation of recently-enacted legislation (H.B. No. 65) covering access to retail establishment restrooms for individuals with Crohn’s Disease or related conditions. The DLP will continue efforts to deter utility terminations affecting individuals reliant on utilities (e.g. electricity; gas) for health-related conditions (e.g. oxygen-dependent). Finally, a DLP senior staff attorney will address accessibility of public buildings through participation in the Architectural Review Board and assist with implementation of polling site accessibility legislation codified at 15 Del.C. §4512(b). In the private sector, the DLP anticipates addressing complaints regarding both policy and physical barriers to community integration. Selected long-term care concerns will be addressed in both public and private sector contexts. II. TRANSPORTATION GOAL: The PAIR program will promote a consumer-friendly transportation system and reduction of barriers to constituent travel. OBJECTIVES: 0200 A. Collaborate with advocacy organizations and councils [e.g. Elderly & Disabled Transportation Advisory Council (EDTAC); State Council for Persons with Disabilities (SCPD) to promote improvement in Delaware paratransit system through both systemic and individual constituent advocacy. 0201 B. Collaborate with the SCPD to promote: 1. consumer-oriented motor vehicle license, operation and parking laws, regulations, and policies; and 2. safety-related transportation laws, regulations, and policies to prevent or reduce injuries to “at risk” individuals with disabilities. 0202 C. Provide direct advocacy services to individuals prevented from effectively accessing public and private vehicular transportation systems or otherwise experiencing significant barriers to travel contrary to Federal or State law. OUTCOME INDICATORS: A. As a result of DLP intervention, 5 persons will secure equal or improved access to transportation. B. As a result of DLP intervention, 5 laws, regulations, or policies will be changed or barriers to transportation eliminated or reduced. RATIONALE: This priority is intended to facilitate travel both within the State and to regional transportation centers. Advocacy contexts would include improving the public transportation system (including DelDOT paratransit capacity, policies, and practices); promoting the availability of accessible parking; supporting initiative to promote availability of accessible taxi service; and enhancing pedestrian travel through barrier removal (e.g. curb cuts). The DLP will collaborate with the SCPD to educate policymakers on the merits of pending DLP co-authored accessible parking legislation (H.B. No. 200). DelDOT has proposed sweeping changes to the paratransit system (e.g. fare hikes; constrictive geographical zones) which compromise its responsiveness to rider needs. The DLP envisions collaborating with the DelDOT ADA Coordinator to promote conformity with the ADA in DelDOT programs. Since many long-term injuries are transportation-related, the DLP also envisions supporting traffic safety related legislation and regulations. Transportation affects access to employment, medical services, shopping, and recreation. III. HOUSING; INDEPENDENT LIVING GOAL: The PAIR program will promote freedom from disability-based discrimination in housing and the reduction of barriers to independent living. OBJECTIVES: 0300 A. Provide direct advocacy services to constituents aggrieved by significant violations of fair housing laws. 0301 B. Collaborate with the SCPD to promote the availability of independent living supports (e.g. attendant services; home health services; private duty nursing services; home modifications; caregiver services, and public financial incentives). OUTCOME INDICATORS: A. As a result of DLP intervention, 10 persons with disabilities will secure equal access to or maintain housing or independent living supports. B. As a result of DLP intervention, 10 laws, regulations, or policies will be changed or other barriers to housing eliminated or reduced. RATIONALE: This priority addresses both enforcement of fair housing laws and promotion of the availability of community-based housing options. For example, the DLP envisions addressing both individual housing discrimination complaints and, in conjunction with the SCPD, systemic barriers to independent living. For example, the DLP anticipates collaboration with the SCPD to educate policymakers on the merits of reintroduced legislation barring discrimination in housing based on source of income. The DLP typically protects client rights to reasonable accommodations by landlords and freedom from discrimination in the housing application context. Clients in institutions (e.g. DHCI) also benefit from advocacy support to facilitate discharge to community-based settings. The DLP envisions continued support of DHSS efforts to offer community-based options to residents of long-term care facilities. Lack of access to community-based housing results in homelessness, resort to substandard living arrangements, and over-institutionalization. The DLP contemplates advocacy to deter adoption of restrictive zoning laws and practices by local governments. The DLP also envisions continued participation in the SCPD’s Housing Committee. In concert with the SCPD, the DLP anticipates continuing advocacy to preserve procedural safeguards for residents of long-term care facilities facing involuntary discharge, including supplemental analysis of draft DLTCRP legislation revising the procedural safeguards. In conjunction with the SCPD and Delaware Guardianship Commission, the DLP will assess options to reduce a prevalent bias towards institutional placement of wards and develop supported decision-making alternatives to guardianship. The DLP anticipates supporting implementation of the following recently enacted legislation: H.B. No. 110 (DLP co-authored attendant services legislation); H.B. No. 60 (ABLE Act enabling law); and H.B. No. 111 (lay administration of medications law). Finally, the DLP plans to continue participation in Delaware Nursing Home Residents Quality Assurance Commission meetings which address both nursing home regulation and civil rights of residents. IV. AUTONOMY GOAL: The PAIR program will promote constituent autonomy and self-assurance through training, information dissemination, and assistance with substitute or advance consent documents. OBJECTIVES: 0400 A. Offer individual technical assistance and information and referral services on substantive disability law (e.g. employment, housing, public benefits) and enforcement options. 0401 B. Offer group training on substantive disability law, enforcement options, and self- advocacy. 0402 C. If not readily available through other agencies, assist with preparation of a limited number of routine advance directives, powers of attorney, and similar authorizing documents. OUTCOME INDICATORS: A. The DLP will provide information and referral services to 100 individuals and agencies. B. The DLP will provide training to 10,000 individuals through articles, seminars, training events, and dissemination of training materials. C. The DLP will prepare a minimum of 12 powers of attorney, advance directives, and similar authorizing documents. RATIONALE: This priority encompasses the provision of individual technical assistance as well as group training activities. For example, the DLP anticipates presentation of seminars, drafting articles, enhancing its Website, and other information dissemination activities to promote informed constituent decision-making and empowerment. An informed constituency is confident, self-reliant, and enabled to engage in proactive advocacy. The DLP leverages resources through wide dissemination of information and advice to consumers. GENERAL STANDARDS FOR DETERMINATION OF LEVEL AND TYPE OF SERVICES Recognizing that the demand for assistance has historically outstripped available resources, the following factors will be considered in determining the level and type of services to be offered to an eligible applicant: (1) potential impact on client; (2) merits of case (both factually and legally); (3) realistic alternate sources for referral and assistance; (4) applicant’s ability to self advocate; and (5) potential impact on other constituents or systems.

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 - October, 2014 - September, 2015 Source of funding Federal (Section 509) Amount Received $171,598 - FY2015 Funds Amount Spent $ 35,515 — FY 2014 funds $ 141,995 - FY 2015 funds State 0 Program Income 0 Private 0 All other funds 0 Total (from all sources) Amount Received - $171,598 Amount Spent - $177,510 B. Budget for FY 15 Category Prior Fiscal Year Actual Spent 10/01/14-9/30/15 Current Fiscal Year Budget Wages/salaries $81,500.44 Fringe benefits (medical, dental ,FICA, unemployment, etc. $39,974.36 Materials/supplies $937.54 Postage $ 371.63 Telephone $1,595.19 Occupancy (Rent, Utilities, Bldg & Grounds Maintenance) $6,323.19 Travel/Training $2,434.57 Membership dues $867.31 Bonding/Insurance $1,056.64 Equipment (rental/purchase) $1,253.70 Litigation Costs $0.00 Contractual (Payroll, Audit, Law Library on-line) $5,592.75 Miscellaneous $88.25 Total Budget $141,995 C. Description of PAIR staff - October 2014 - September 2015 Type of Position Professional Full-time FTE 1.06 % of Year Filled 100% Person-years 1.06 Part-time Vacant Clerical Full-time FTE .17 % of year filled 100% Person-years .17 Part-time Vacant The PAIR positions for Fiscal Year 2015, October 2014 - September 2015, included the Sr. Project Director and the Deputy Legal Advocacy Director, 8 attorneys, 6 paralegals, 4 administrative and 4 support staff required to provide PAIR services in each of Delaware’s three counties. The staff positions: Professional Staff Disabilities Law Program Sr. Project Director FTE 18.38% Disabilities Law Program Legal Advocacy Director FTE 1.87% Executive Director FTE 4.18% C.F.O. FTE 4.18% Accountant FTE 4.18% Attorneys New Castle County 1 Senior Attorney FTE 28.12% New Castle County 4 Attorneys FTE 9.61% Kent County 3 Attorneys FTE 1.50% Sussex County 1 Senior Attorney FTE 10.69% Professional Staff Paralegal New Castle County 3 Paralegals FTE 6.01% Kent County 2 Paralegals FTE .64% Sussex County 1 Paralegal FTE 1.70% Administrative Assistant FTE 15.47% Clerical Staff Legal Secretary New Castle County 1 Legal Secretary FTE 4.18% Intake Receptionist FTE 4.18% Kent Count 1 Legal Secretary FTE 4.18% Sussex County Office Manager/Legal Secretary FTE 4.18% The Executive Director, Chief Financial Officer, Accountant, Administrative Assistant, and Legal Secretary positions are representative of the administrative and clerical positions that provided support to the legal staff. In addition to these positions, the intake receptionists and additional secretaries worked with the program in each county. D. Involvement with Advisory Board The DLP maintains a separate PAIR Advisory Council. The Council meets three times a year. In FY 14 the Council met on November 5, 2014; February 4, 2015; and July 15, 2015. The membership includes both consumer and agency representatives, including the following: CAP Director, Division of Services for Aging & Adults with Physical Disabilities representative, Division of Vocational Rehabilitation Administrator, Delaware Assistive Technology Initiative director, and State Council for Persons with Disabilities Administrator. The Council reviews and approves priorities and the annual report. At each meeting, DLP staff provided a written and oral statistical update, advocacy update, and Project Director=s report. The Council provides input and advice on current issues affecting persons with disabilities. E. Grievances Filed There were no grievances filed during the fiscal year. F. Coordinating with the CAP & Long-term Care Ombudsman The DLP maintains a positive relationship with both the CAP and Long-term Care Ombudsman. The CAP Director serves on the DLP=s PAIR Advisory Council and the DLP supplements CAP advocacy in the vocational rehabilitation context as follows: 1. DLP staff member serves as the Chair of the Dept. of Labor’s Division of Vocational Rehabilitation [“DVR”] advisory council; 2. DLP staff serve on the DVR Client Services Policy Committee, Membership Committee, Government Relations Committee, State Plan Committee, and Annual Report Committee; 3. DLP Director and CAP representative serve together on the State’s special education council, the Governor’s Advisory Council for Exceptional Citizens; 4. DLP Project Director and CAP Director serve together on the State Council for Persons with Disabilities Policy & Law Committee which acts on the DLP’s monthly critiques of legislative, regulatory, and policy initiatives; 5. DLP staff responds to CAP requests for technical information on matters within the DLP’s particular expertise; 6. DLP staff screens CAP referrals on matters outside the CAP’s mandate; and 7. DLP staff offers independent or collaborative training on the vocational rehabilitation system on request. A representative of the state agency administering the Ombudsman program serves on the DLP’s PAIR advisory council and the DLP supports and supplements Ombudsman advocacy as follows: 1) DLP responds to Ombudsman requests for technical assistance; 2) DLP staff offers independent and collaborative training on abuse, neglect, and rights of constituents. 3) DLP staff and the Ombudsman serve together on the State Nursing Home Residents Quality Assurance Commission. 4) DLP Project Director and Ombudsman representative serve together on State Council for Persons with Disabilities Policy & Law Committee.

Certification

Signed?Yes
Signed ByBrian Hartman
TitleSenior Project Director
Signed Date12/07/2015