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

Alaska (STATE OF ALASKA DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT) - H240A170002 - FY2017

General Information

Designated Agency Identification

NameDisability Law Center of Alaska
Address3330 Arctic Blvd. 103
Address Line 2
CityAnchorage
StateAlaska
Zip Code99503
E-mail Addressakpa@dlcak.org
Website Addresshttp://www.dlcak.org
Phone907-565-1002
TTY
Toll-free Phone800-478-1234
Toll-free TTY
Fax907-565-1000
Name of P&A Executive DirectorDavid C. Fleurant
Name of PAIR Director/CoordinatorDavid C. Fleurant
Person to contact regarding reportDavid C. Fleurant
Contact Person phone907-565-1002
Ext.

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 areas218
2. Individuals receiving I&R outside PAIR priority areas208
3. Total individuals receiving I&R (lines A1 + A2)426

B. Training Activities

1. Number of trainings presented by PAIR staff7
2. Number of individuals who attended training (approximate)125

The Alaska P&A participated in Stand Down, an annual event geared specifically toward providing services and information to homeless veterans in Anchorage. The veterans can obtain information ranging from housing, Social Security, employment, and having a will written up. Veterans can also obtain clothing, sleeping bags, haircuts, etc. At this event, which staff from the P&A attends each year, we provided information and referral regarding disability—related legal questions to 50 veterans. Similar in description to Stand Down, the Alaska P&A also participated in the annual Project Homeless Connect event. Rather than focusing on homeless veterans, Project Homeless Connect is described as a “one—stop event to provide housing, services, and hospitality in a convenient one—stop model directly to people experiencing homelessness in Anchorage.” At this outreach event, information was provided to 28 people. Two attorneys from the Alaska P&A participated in the Anchorage Equal Rights Commission (AERC), Disability Law Form, which was a round-table discussion of employment matters including, the AERC process, reasonable accommodation, and service animals. Attendees included 20 individuals who work in disability-related fields or have a disability and wanted more information about their rights under the ADA as well as what services are available to them. We were invited by the Alaska State Association for Guardianship & Advocacy a nonprofit, staffed by volunteers, to provide a guest on the new podcast they were creating. An attorney from the P&A was interviewed and offered information on a range of topics, including general information about the P&A and our available services. As a new podcast, they did not yet have information on the reach of their program, but we hope the information presented will remain available as they begin to post the past shows online. P&A staff were also invited to staff a table at the "Exploring Disability Resources Expo,” hosted by LINKS Mat-Su Parent Resource Center and the Aging and Disability Resource Center (ADRC) at the Alaska State Fair. During the afternoon event, we spoke with 24 people who inquired about our services. We also fielded questions about social security, employment, and many other topics, and provided folks with informative brochures and booklets on a variety of subjects. Lastly, our Intake and Self-Advocacy specialist has begun doing Friday outreach, in which she meets with intake staff from other agencies to share information about our services and find out about what they offer. In FY17 she met with 2 agencies; although those meetings were just with individuals and not the full staff at those agencies, we anticipate the exchange of information at the intake level will have far-reaching effects for more accurate referrals in both directions.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff1
2. Newspaper/magazine/journal articles0
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website118,172
5. Publications/booklets/brochures disseminated5,592
6. Other (specify separately)0

Narrative

The following story ran on an Alaska statewide news outlet: Project launches to improve winter sidewalk access (http://www.ktuu.com/content/news/Project-launches-to-improve-winter-sidewalk-access--412031815.html) ANCHORAGE, (KTUU) The Disability Law Center of Alaska has launched a “sidewalk project” aimed at improving access to city sidewalks in the winter. “Accessibility for people with disabilities means can you use your city? Can you get around where you need to or are you home bound when there’s a big snow year like we’re seeing this year?” says Attorney Joanna Cahoon. Annis Killen is living with cerebral palsy and uses a motorized scooter to to get around. She says she can't use the sidewalks, so sometimes she rides on the road just like other cars and "prays that nobody hits me." Killen wrote to the Mayor of Anchorage about the covered sidewalks and her letter got all the way to a state senator. "I got a hand written letter saying 'I understand. We just don't have the money.' "So I just keep trying," says Killen. She suggests rerouting some of the money for winter maintenance to at least clear the sidewalks that people use the most. As part of the "sidewalk project" the Disability Law Center of Alaska will collect data throughout the winter and combine ideas from other winter communities to find solutions. “I think there are some opportunities to come up with some community projects to get people involved,” said Cahoon. The Disability Law Center of Alaska wants to hear from those who have encountered accessibility problems on city sidewalks. The phone number is 565-1002.

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)20
2. Additional individuals served during the year53
3. Total individuals served (lines A1 + A2)73
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)2

B. Individuals served as of September 30

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

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility1
2. Employment6
3. Program access2
4. Housing1
5. Government benefits/services44
6. Transportation1
7. Education6
8. Assistive technology6
9. Voting0
10. Health care11
11. Insurance1
12. Non-government services0
13. Privacy rights0
14. Access to records0
15. Abuse2
16. Neglect0
17. Other0

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor19
2. Other representation found0
3. Individual withdrew complaint8
4. Appeals unsuccessful1
5. PAIR Services not needed due to individual's death, relocation etc.1
6. PAIR withdrew from case1
7. PAIR unable to take case because of lack of resources1
8. Individual case lacks legal merit17
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-advocacy7
2. Short-term assistance29
3. Investigation/monitoring4
4. Negotiation4
5. Mediation/alternative dispute resolution0
6. Administrative hearings3
7. Litigation (including class actions)1
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 - 226
3. 23 - 5954
4. 60 - 648
5. 65 and over5

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females36
2. Males37

C. Race/Ethnicity of Individuals Served

For individuals who are non-Hispanic/Latino only

1. Hispanic/Latino of any race2
2. American Indian or Alaskan Native10
3. Asian0
4. Black or African American2
5. Native Hawaiian or Other Pacific Islander0
6. White56
7. Two or more races0
8. Race/ethnicity unknown3

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent50
2. Parental or other family home7
3. Community residential home2
4. Foster care0
5. Nursing home0
6. Public institutional living arrangement1
7. Private institutional living arrangement0
8. Jail/prison/detention center8
9. Homeless1
10. Other living arrangements0
11. Living arrangements not known4

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment0
2. Deaf/hard of hearing1
3. Deaf-blind0
4. Orthopedic impairment21
5. Mental illness0
6. Substance abuse1
7. Mental retardation0
8. Learning disability5
9. Neurological impairment9
10. Respiratory impairment3
11. Heart/other circulatory impairment9
12. Muscular/skeletal impairment11
13. Speech impairment0
14. AIDS/HIV0
15. Traumatic brain injury0
16. Other disability13

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities0

2. Number of individuals potentially impacted by policy changes0

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.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts0
2. Number of individuals named in class actions0

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

Part V. PAIR'S Priorities and Objectives

A. Priorities and Objectives for the Fiscal Year Covered by this Report

For each of your PAIR program priorities for the fiscal year covered by this report, please:

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

Disability Law Center of Alaska FY2017 PAIR PRIORITIES, GOALS, OUTCOME INDICATORS Priority: Abuse & Neglect GOAL A: Investigate allegations of abuse (including the use of seclusion and restraint), neglect, and exploitation of individuals with disabilities. ISSUE: People with disabilities have a right to be free from abuse and neglect. OUTCOME INDICATORS: A.1. Investigate 13 reports of abuse and neglect of individuals with disabilities; A.2. Assess whether, in at least 12 secondary investigations, all federal, state, and local agencies charged with the responsibility of investigating complaints of abuse and neglect of individuals with disabilities conduct their investigations in a timely, thorough and objective manner; A.3. Establish and maintain contact through monitoring with residents of assisted living homes, nursing facilities, psychiatric facilities (adult and child), prisons, jails, and in Division of Juvenile Justice facilities, and sheltered workshops through at least 4 facility visits. COLLABORATION: The Alaska P&A has developed and maintained cooperative, complimentary relationships with state agencies that have similar mandates and authority to investigate allegations of abuse or neglect and other complaints filed by or on behalf of individuals with disabilities. In Alaska, those agencies include, but are not limited to: Health Facilities Certification & Licensing (licensing and certifying health facilities as well as assisted living homes); the Office of the Long-Term Care Ombudsman; Adult Protective Services; Medicaid Fraud Unit; and others such as the Alaska State Troopers and the Anchorage Police Department. NUMBER OF CASES: Under the heading of Abuse and Neglect, the P&A worked on 8 cases or projects in FY17 including investigations and monitoring. This breaks down to 2 primary investigations, 1 secondary investigation, and 5 monitoring visits. CASE SUMMARY: Investigation In one example, A woman with a diagnosis of multiple sclerosis, depression, and dementia contacted the Alaska P&A claiming that she was being held against her will at a local hospital. We initiated an investigation and collected the relevant information as well as interviewing hospital staff, administrators, and family members who were included in the advance health directive. The woman was soon released from the hospital and moved out of state with her sister. However, we continued to take issue with the hospital for their policy on patients leaving against medical advice. Shortly after the woman was released from the hospital, the hospital approved a new policy on patient’s right to leave the hospital against medical advice. Based on the execution of a new policy, the Alaska P&A closed the investigation. Due to the Alaska P&A’s efforts, the woman was fully informed of her rights which were enforced while she was being held. We also believe our efforts have impacted the change to the hospital’s policy on leaving against medical advice. In another example, we received a complaint alleging a 51-year-old man who experiences multiple physical disabilities was being required by the State’s Department of Corrections (DOC) to look for work to be eligible for furlough, even though the individual is disabled. Additional allegations included a lack of accessibility at the Community Residential Centers (CRCs/halfway houses) where the individual was placed; DOC failing to provide reasonable accommodations; and the individual being reincarcerated/remanded as a result of requesting a reasonable accommodation. The P&A conducted an investigation which included interviews with DOC staff; the DOC Americans with Disabilities Act (ADA) coordinator; and the complainant. The investigation also included a review of the individual’s DOC records. During the course of its investigation, the P&A was receiving conflicting information from DOC personnel. The person with the disabilities was ultimately released and again placed on furlough. The individual requested the P&A discontinue its investigation. There was insufficient information to substantiate the complainant’s allegations, and there were no findings issued. Monitoring In FY17 we visited 3 assisted living homes, McLaughlin Youth Center (Anchorage’s juvenile detention facility), and Mount Iliamna Elementary school (a specialized school for children with emotional and behavioral challenges.) At Mount Iliamna, we found some small health and safety concerns, but they were rectified in the weeks immediately following our visit and — unrelated to our monitoring — the school was eventually closed and all students were integrated into their neighborhood schools. We had no major concerns associated with our other monitoring visits. PRIORITY: OUTREACH GOAL B: Provide outreach to unserved/underserved individuals with disabilities in Alaska. ISSUE: People with disabilities who are unaware of their rights can neither exercise those rights, nor protect themselves from rights abuses. OUTCOME INDICATORS: B.1. Conduct 6 outreach, intake, and/or, training events statewide to inform people with disabilities of the services available to them through the P&A; B.2. Conduct 10 training events statewide to inform people with disabilities of their legal rights and self-advocacy strategies; B.3. Disseminate to 100 rural clinics information about the P&A and specifically information on education rights and appropriate educational programming for students with traumatic brain injury. COLLABORATION: PAIR, PAIMI and PADD programs work together to conduct outreach to unserved/underserved populations. Such collaboration helps defray the costs of travel in Alaska. Staff also collaborates with other state and local agencies in outreach efforts to the homeless to secure for them any necessary legal assistance. NUMBER OF CASES: There are no specific clients/cases to record under this priority, but specific outcomes for each indicator are listed below. CASE SUMMARY: B.1. During the last year, staff from the Alaska P&A met our goal under this objective, conducting 6 outreach events to educate people about the services available through the P&A. These events included: Participation in Stand Down, an annual event geared specifically toward providing services and information to homeless veterans in Anchorage. The veterans can obtain information ranging from housing, Social Security, employment, and having a will written up. Veterans can also obtain clothing, sleeping bags, haircuts, etc. At this event, which staff from the P&A attends each year, we provided information and referral regarding disability—related legal questions to 50 veterans. Similar in description to Stand Down, the Alaska P&A also participated in the annual Project Homeless Connect event. Rather than focusing on homeless veterans, Project Homeless Connect is described as a “one—stop event to provide housing, services, and hospitality in a convenient one—stop model directly to people experiencing homelessness in Anchorage.” At this outreach event, information was provided to 28 people. We were invited by the Alaska State Association for Guardianship & Advocacy a nonprofit, staffed by volunteers, to provide a guest on the new podcast they were creating. An attorney from the P&A was interviewed and offered information on a range of topics, including general information about the P&A and our available services. As a new podcast, they did not yet have information on the reach of their program, but we hope the information presented will remain available as they begin to post the past shows online. P&A staff were also invited to staff a table at the "Exploring Disability Resources Expo,” hosted by LINKS Mat-Su Parent Resource Center and the Aging and Disability Resource Center (ADRC) at the Alaska State Fair. During the afternoon event, we spoke with 24 people who inquired about our services. We also fielded questions about social security, employment, and many other topics, and provided folks with informative brochures and booklets on a variety of subjects. Lastly, our Intake and Self-Advocacy specialist has begun doing Friday outreach, in which she meets with intake staff from other agencies to share information about our services and find out about what they offer. In FY17 she met with 2 agencies; although those meetings were just with individuals and not the full staff at those agencies, we anticipate the exchange of information at the intake level will have far-reaching effects for more accurate referrals in both directions. B.2. Just 1 of the 10 planned trainings took place under this objective in FY17. At that event, two attorneys from the Alaska P&A participated in the Anchorage Equal Rights Commission (AERC), Disability Law Form, which was a round-table discussion of employment matters including, the AERC process, reasonable accommodation, and service animals. Attendees included 20 individuals who work in disability-related fields or have a disability and wanted more information about their rights under the ADA as well as what services are available to them. B.3. In FY17 we did not mail out information to the rural health clinics and have not moved this objective forward for FY18. PRIORITY: HOUSING Goal C: Advocate on behalf of individuals with disabilities for housing and to prevent homelessness. ISSUE: Being part of the community and living as independently as possible are among the most important values and goals shared by people with disabilities, their families, friends, and advocates. A home of one’s own — either rented or owned — is the cornerstone of independence for people with disabilities. However, across the nation, individuals with disabilities face a crisis in the availability of decent, safe, affordable, and accessible housing. OUTCOME INDICATORS: C.1. Advocate on behalf of 3 individuals with disabilities who have complaints of Fair Housing Act and other housing rights violations related to the disability, or require assistance in requesting a reasonable accommodation. COLLABORATION: Typically, PAIR, PAIMI and PADD work together to help Alaskans with disabilities secure housing or prevent the loss of housing. NUMBER OF CASES: The Alaska P&A served 2 PAIR-eligible individuals with housing complaints in FY17. CASE SUMMARY: Both cases are ongoing and both are related to modifications to the homes of each individual. PRIORITY: COMMUNITY INTEGRATION Goal D: Facilitate the community integration of individuals with disabilities by protecting their rights to receive appropriate supports and services in the most integrated setting. ISSUE: Under state and federal laws people with disabilities have the right to live in integrated settings in their local communities with the appropriate supports and services. However, many individuals with disabilities who are in both large and small facilities encounter barriers which make it difficult or prevent them from living in an integrated setting. Examples of such barriers include rules and policies that have a disparate impact on individuals with disabilities, the absence of community-based services, and the diversion of scarce resources away from community-based services. OUTCOME INDICATORS: D.1. Assist 5 individuals with disabilities who have been denied access to programs or services, or who have had their rights infringed upon based on disability. COLLABORATION: PAIR, PAIMI and PADD work together to assist individuals with disabilities receive services in the most integrated setting. P&A staff also collaborates with local independent living centers to help achieve this goal for our clients. NUMBER OF CASES: Under the heading of Community Integration, the P&A worked on 4 cases of individual advocacy in FY17. CASE SUMMARY: The Alaska P&A assisted a woman with an auto-immune disease who was approved for 15 hours a week of Personal Care Attendant (PCA) assistance but threatened with loosing custody of her grandchild should she accept the hours. Following a home visit, a state assessor informed the woman that accepting limited PCA assistance with certain daily activities would indicate an inability to care for her grandson - necessitating a report to the Office of Children’s Services (OCS). P&A staff attempted to put the woman at ease by explaining that the circumstances did not meet statutory guidelines for removal of a guardian. Staff then wrote a letter for the woman to send to the assessors and his supervisor explaining why threatening a report to OCS under the circumstances was inappropriate under the law, discriminatory, and intimidating. The woman reported feeling reassured and was advised to contact the P&A should the situation escalate. The P&A’s involvement was important in this instance because the assessor’s supervisor is now aware of the issue and can address it department wide. PRIORITY: EMPLOYMENT Goal E: Advocate on behalf of individuals with disabilities who face discrimination in employment. ISSUE: More than 25 years after the passage of the Americans with Disabilities Act, many employers have discriminatory practices that adversely affect people with disabilities in hiring, retention, promotion and termination of employment. OUTCOME INDICATORS: E.1. Advocate on behalf of 5 individuals with disabilities threatened with an adverse employment action, such as termination, or denied a reasonable accommodation related to their disabilities, or required to work in segregated settings. COLLABORATION: PAIR, PAIMI and PADD work together to assist individuals with disabilities obtain and/or maintain employment. In many cases the P&A works in collaboration with the Equal Employment Opportunity Commission and the Alaska State Commission for Human Rights. NUMBER OF CASES: The P&A assisted 5 PAIR-eligible individuals with employment issues in FY17. CASE SUMMARY: In one case, the Alaska P&A assessed employment benefits and advised a man that was recently diagnosed with Amyotrophic Lateral Sclerosis (ALS) and was desperate to keep his job as long as possible. Given his very recent diagnosis, there was not yet a legal issue to address. The man simply had questions about how he could keep working, how Family Medical Leave Act (FMLA) leave works, how his employee benefits would work, when to tell his employer, and how to request accommodations. Staff reviewed the man’s employee manual and advised him about the interaction between the sick leave his employer offered and FMLA leave. In addition, staff provided the man with a list of questions to ask his employer regarding other benefits and suggested contacting the Division of Vocational Rehabilitation for help maintaining his job. Staff also gave the man contact information for an ALS support group, information on requesting accommodations and offered assistance applying for disability if necessary in the future. Staff’s help in this situation was important because the man was worried about maintaining his employment the P&A was able to provide the resources and advise he needed to do so. In another instance, the Alaska P&A assessed an employment discrimination claim for a man in his 60s with dyslexia and anxiety; we ultimately declined to represent him. The man and his wife had been National Park Service employees for years. The trouble began when the man’s wife, who had always informally assisted her husband with paper work and written communication at work, retired. In an attempt to replace the role his wife had filled, the husband asked for several accommodations including working from home and working part-time. The man’s supervisor responded by asking how the requested accommodations related to dyslexia and offered one day a week telework and occupational support as an alternative accommodation. The man felt his supervisors were not responsive enough to his requests and decided to retire 5 years early when his boss decided to refuse his requested accommodations. P&A staff determined that the man’s claim lacked merit for several reasons. First, the requested accommodations were largely unrelated to the man’s disability. Second, the requested accommodations would not allow the man to complete all of the essential functions of his job because his job required fulltime work and substantial time on-site interacting with the public. Finally, the man had retired early out of frustration at a time when his employer had offered alternative accommodations and had not discontinued negotiations. This fact further weakened the man’s case because, while employers are not required to grant every request for an accommodation, they are required to engage in negotiations regarding accommodations - a requirement his employer was actively meeting. Staff therefore outlined their assessment for the man and explained why they were declining the man’s request for representation. The P&A’s assistance in this matter was important because the man had been unable to find an employment attorney willing to provide him with a case assessment. Without an assessment of his claim, the man would not have understood why his case was unlikely to be successful. PRIORITY: GOVERNMENT BENEFITS GOAL F: Advocate on behalf of individuals with disabilities who seek access to government benefits. ISSUE: Access to basic individual and community supports through government assistance programs is necessary for people with disabilities before they can consider independent living, continued education and employment. These supports include Social Security programs, Alaska Public Assistance, in-home support services, individualized support from state government and private providers, Medicaid, Medicare, and managed care among others. OUTCOME INDICATORS: F.1. Assist 30 individuals with disabilities to obtain and/or maintain SSI/SSDI and related benefits, such as Adult Public Assistance; F.2. Assist 30 individuals with disabilities to obtain or retain services under Medicaid, Medicaid Waivers, Medicaid’s EPSDT program, or obtain or retain related services such as PCA services. COLLABORATION: PAIR, PAIMI and PADD work together in assisting clients to acquire benefits and in-home support services. Staff also collaborates with other local agencies to secure these benefits for people to whom they are entitled. NUMBER OF CASES: In FY17 the Alaska P&A assisted 42 PAIR-eligible individuals with Government Benefits issues (37 under F.1. and 5 under F.2.) CASE SUMMARY: F.1. Social Security Assistance The Alaska P&A is one of the very few places in the state individuals can receive help in applying for social security. In FY17 we filed several successful applications on behalf of our clients including: One for a 57-year old woman with congestive heart failure and other circulatory disabilities who received $13,720.00 in back pay and will now continue to receive $1,960 a month in benefits. Another, for a 50-year old woman with severe migraines who received a favorable decision, entitling her to $877 a month. Now that her income is secure, she will be able to stay in her home. And one more, 43-year old male with liver failure, hepatitis, and bilateral neuropathy who received a favorable decision and will now receive $1, 438 a month. F.2. Medicaid assistance The Alaska P&A successfully secured necessary personal care attendant (PCA) hours for a 40-year-old quadriplegic man who lives in his own apartment. The man is dependent on his PCAs for almost all of his daily tasks including bathing, toileting and eating. He was therefore concerned that he would be institutionalized when he received a notice reducing his PCA hours from 88 hours a week to 53 hours a week. The man attempted to settle the matter on his own with the help of his PCA agency. Mediation broke down when the state refused to allow PCA time for his standing frame because — the state representative insisted - it was not a covered activity. Days after mediation failed, the man received a phone call from the state initiating a telephonic hearing and placing him on the record. The man had not received notice and refused to participate. As a result, his appeal was dismissed. The P&A entered an appearance to represent the man and filed a Statement of Good Cause to have the appeal reinstated. Then, staff filed a brief and negotiated with the State in the run up to the impending hearing. Staff argued that the standing frame should be covered under the activity of “exercise” because the standing frame has the same purpose as exercise — to reduce bone loss and increase strength. Ultimately, the P&A reached an agreement to retain all of the man’s PCA hour less three hours which reflected a difference in one of the man’s prescriptions. This outcome is important because it allows the man to retain as much independence as possible by keeping him in his own apartment. Without the P&A’s representation, his hours would not have been retained because he did not know how to respond to the state’s arguments and did not know how to reinstate his appeal.

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.

DISABILITY LAW CENTER OF ALASKA FY18 PAIR PRIORITIES AND OBJECTIVES ***PRIORITY: ABUSE AND NEGLECT Goal A: Investigate allegations of abuse (including the use of seclusion and restraint), neglect, and exploitation of individuals with disabilities. Rationale: People with disabilities have a right to be free from abuse and neglect. Objectives: A.1. Investigate 3 reports of abuse and neglect of individuals with disabilities; A.2. Assess whether, in at least 5 secondary investigations, all federal, state, and local agencies charged with the responsibility of investigating complaints of abuse and neglect of individuals with disabilities conduct their investigations in a timely, thorough and objective manner; A.3. Establish and maintain contact through monitoring with residents of assisted living homes, nursing facilities, psychiatric facilities (adult and child), prisons, jails, and in Division of Juvenile Justice facilities, and sheltered workshops through at least 5 facility visits. ***PRIORITY: OUTREACH Goal B: Provide outreach to unserved/underserved individuals with disabilities in Alaska. Rationale: People with disabilities who are unaware of their rights can neither exercise those rights, nor protect themselves from rights abuses. Objectives: B.1. Conduct 10 outreach, intake, and/or, training events statewide to inform people with disabilities of the services available to them through the P&A; B.2. Conduct 5 training events statewide to inform people with disabilities of their legal rights and self-advocacy strategies; Outreach Strategic/Resource Guidance///Outreach activities may be suspended when caseloads involving direct legal advocacy exceed manageable resource levels. ***PRIORITY: HOUSING Goal C: Advocate on behalf of individuals with disabilities for housing and to prevent homelessness. Rationale: Being part of the community and living as independently as possible are among the most important values and goals shared by people with disabilities, their families, friends, and advocates. A home of one’s own — either rented or owned — is the cornerstone of independence for people with disabilities. However, across the nation, individuals with disabilities face a crisis in the availability of decent, safe, affordable, and accessible housing. Objective: C.1. Advocate on behalf of 3 individuals with disabilities who have complaints of Fair Housing Act and other housing rights violations related to the disability, or require assistance in requesting a reasonable accommodation. ***PRIORITY: COMMUNITY INTEGRATION Goal D: Facilitate the community integration of individuals with disabilities by protecting their rights to receive appropriate supports and services in the most integrated setting. Rationale: Under state and federal laws people with disabilities have the right to live in integrated settings in their local communities with the appropriate supports and services. However, many individuals with disabilities who are in both large and small facilities encounter barriers which make it difficult or prevent them from living in an integrated setting. Examples of such barriers include rules and policies that have a disparate impact on individuals with disabilities, the absence of community-based services, and the diversion of scarce resources away from community-based services. Objective: D.1. Assist 4 individuals with disabilities who have been denied access to programs or services, or who have had their rights infringed upon based on disability. ***PRIORITY: EMPLOYMENT Goal E: Advocate on behalf of individuals with disabilities who face discrimination in employment. Rationale: More than 25 years after the passage of the Americans with Disabilities Act, many employers have discriminatory practices that adversely affect people with disabilities in hiring, retention, promotion and termination of employment. Objective: E.1. Advocate on behalf of 4 individuals with disabilities threatened with an adverse employment action, such as termination, or denied a reasonable accommodation related to their disabilities, or required to work in segregated settings; ***PRIORITY: GOVERNMENT BENEFITS Goal F: Advocate on behalf of individuals with disabilities who seek access to government benefits. Rationale: Access to basic individual and community supports through government assistance programs is necessary for people with disabilities before they can consider independent living, continued education and employment. These supports include Social Security programs, Alaska Public Assistance, in-home support services, individualized support from state government and private providers, Medicaid, Medicare, and managed care among others. Objectives: F.1. Assist 40 individuals with disabilities to obtain and/or maintain SSI/SSDI and related benefits, such as Adult Public Assistance; F.2. Assist 15 individuals with disabilities to obtain or retain services under Medicaid, Medicaid Waivers, Medicaid’s EPSDT program, or obtain or retain related services such as PCA services.

Part VI. Narrative

At a minimum, you must include all of the information requested. You may include any other information, not otherwise collected on this reporting form that would be helpful in describing the extent of PAIR activities during the prior fiscal year. Please limit the narrative portion of this report, including attachments, to 20 pages or less.

The narrative should contain the following information. The instructions for this form outline the information that should be contained in each section.

  1. Sources of funds received and expended
  2. Budget for the fiscal year covered by this report
  3. Description of PAIR staff (duties and person-years)
  4. Involvement with advisory boards (if any)
  5. Grievances filed under the grievance procedure
  6. Coordination with the Client Assistance Program (CAP) and the State long-term care program, if these programs are not part of the P&A agency

A. Sources of funds received and expended: Source of Funding Amount Received Amount Spent Federal (section 509) 171,598 169,743 State 0 0 Program income 0 0 Private 0 0 All other funds 0 0 Total (from all sources) 171,598 169,743 B. Budget for the fiscal year covered by this report Category Prior Fiscal Year Report Fiscal Year Wages/salaries 94,966 78,940 Fringe benefits 46,299 35,089 Materials/supplies 5,403 3,525 Postage 589 470 Telephone 4,421 3,525 Rent 23,218 18,531 Travel 3,930 3,133 Copying 2,456 1,958 Bonding/insurance 1,081 862 Equipment 0 0 Legal services 1,000 1,000 Indirect costs 52,862 42,260 Miscellaneous 10,272 7,765 Total Budget 246,497 197,058 C. Description of PAIR staff (duties and person-years): Executive Director - .01 FTE from this grant. This Anchorage-based position provides overall direction for the PAIR project. The Executive Director is also responsible for the administration of the organization and reports to the Board of Directors. Legal Director - .17 FTE from this grant. This Anchorage-based position provides day-to-day supervision of Protection and Advocacy services, including both legal and non-legal advocacy. This position reports to the Executive Director. Staff Attorneys — 0.59 FTE from this grant. These four positions are supervised by the Legal Director. The Staff Attorneys provide support to the program's Legal Advocates, as well as providing training and legal assistance to clients. Legal Advocates — .34 FTE from this grant. These positions provide general agency intake and advocacy services, and are responsible for conducting training and outreach activities. One position (.10) was vacant throughout the year. Paralegal - .15 FTE from this grant. This Anchorage-based position provides legal and clerical support to the staff attorneys and advocates, primarily with conducting legal research, case file organization and maintenance, and the copying and organization of training materials for education and outreach activities. Development Coordinator — 0.10 FTE from this grant. This Anchorage-based position has responsibility for the coordination, quality and supervision of outreach services including presentations, training, community awareness education and street outreach. This position reports to the Executive Director. Database & Grant Specialist — 0.05 FTE from this grant. Under the general direction of the Executive Director, this position is responsible for managing the client database, ensuring program performance reports are completed and submitted in a timely fashion, and assisting with administrative activities. Type of Position FTE % of year filled Person-years Professional Full-time Full-time 1.36 100% 1.36 Part-time 0 0 0 Vacant .05 25% 0.0125 Clerical Full-time 0 0% 0 Part-time 0 0 0 Vacant 0 0 0 D. Involvement of Advisory Boards (if any): The Alaska P&A does not have an advisory board for the PAIR program. E. Grievance Filed Under the Grievance Procedure: There was 1 grievance filed under the PAIR program during the relevant reporting period. F. Coordination with the Client Assistance Program and the State Long-Term Care Program. Since FY12, the CAP has been operated by the P&A in Alaska. The P&A works closely with the Long Term Care Ombudsman on issues related to nursing homes and assisted living facilities.

Certification

Signed?Yes
Signed ByDavid Fleurant
TitleExecutive Director
Signed Date12/20/2017