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

Delaware (COMMUNITY LEGAL AID SOCIETY,) - H240A180008 - FY2018

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 Addresslwaterland@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/CoordinatorLaura Waterland
Person to contact regarding reportLaura Waterland
Contact Person phone302-575-0660
Ext.231

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 areas80
2. Individuals receiving I&R outside PAIR priority areas0
3. Total individuals receiving I&R (lines A1 + A2)80

B. Training Activities

1. Number of trainings presented by PAIR staff22
2. Number of individuals who attended training (approximate)2,351

DLP staff gave a presentation about mental health patient’s rights, the ADA, Olmstead, fair housing, and commitment laws to a group of peers in training for certification. Staff also spoke to attendees about all DLP programs and services. There were 15 persons in attendance. Staff distributed an assortment of 60 brochures, pamphlets and booklets.

DLP staff exhibited at NAMI Conference 2017 on October 12, 2017. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were 300 persons in attendance. Staff distributed an assortment of 316 brochures, pamphlets and booklets containing PAIR-related information.

DLP staff exhibited at the 2017 Community Mental Health Conference on November 9, 2017. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were approximately 290 persons in attendance. Staff distributed an assortment of 283 brochures and pamphlets containing PAIR-related information.

DLP staff participated on a panel for a didactic session on navigating cultural barriers and disability within health services and health service-related employment on November 9, 2017. There were 15 persons in attendance. There were no materials distributed.

DLP staff gave a presentation at the FamilySHADE networking breakfast on December 6, 2017. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were 20 persons in attendance and staff distributed 100 brochures and pamphlets containing information related to the PAIR program.

The DLP served on the design team and exhibited at the LIFE Conference on January 24, 2018. Staff gave an overview of all DLP services including the PAIR program. There were approximately 500 persons in attendance. Staff distributed an assortment of 586 brochures, pamphlets and booklets that included information related the PAIR program.

DLP staff gave a presentation at Delaware School for the Deaf on February 21, 2018. Staff spoke to attendees about all DLP programs and services including the PAIR program. Staff specifically addressed guardianship and alternatives to guardianship. There were 40 persons in attendance. Staff distributed 40 sets of materials.

DLP staff exhibited at the March Mingle event on March 13, 2018. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were approximately 100 persons in attendance. Staff distributed 30 brochures and pamphlets.

DLP staff gave a presentation at the Down Syndrome Association on March 14, 2018. Staff presented on special education rights and gave an overview of all DLP programs and services. There were 5 persons in attendance. There were 5 sets of materials distributed.

DLP staff gave a presentation at the Christiana School District Transition Conference on March 15, 2018. Staff specifically addressed guardianship and alternatives to guardianship. Staff also gave an overview of all DLP programs and services including the PAIR program. There were 30 persons in attendance. Staff distributed 30 sets of materials.

DLP staff exhibited at the New Castle County Transition to Adult Life Fair on March 15, 2018. Staff spoke to attendees about all DLP programs and services. There were approximately 200 persons in attendance and 177 pamphlets and brochures distributed.

DLP staff exhibited at the Traumatic Brain Injury Conference on March 15, 2018. Staff spoke to attendees about all DLP programs and services. There were approximately 200 persons in attendance and staff distributed 279 brochures, booklets and pamphlets.

DLP staff gave a presentation at the St. Paul’s Counseling Staff Meeting on March 19, 2018. Staff gave an overview of all DLP programs and services including the PAIR program. There were 8 persons in attendance. Staff distributed 40 brochures and pamphlets.

DLP staff gave a presentation to the Partners in Policymaking group on April 6, 2018. Staff spoke to attendess about social security benefits and SSI. Staff gave an overview of all DLP programs and services including the PAIR program. There were 24 persons in attendance. Staff distributed 24 sets of materials.

DLP staff exhibited at the 27th Annual Crime Victims Rights Tribute and Candlelight Vigil on April 16, 2018. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were approximately 100 persons in attendance. Staff distributed an assortment of 76 brochures, booklets and pamphlets.

The DLP exhibited at the Access Wilmington Resource Fair on April 30, 2018. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were approximately 40 persons in attendance. The DLP distributed an assortment of 40 pamphlets, booklets, and brochures that contained information related to the PAIR program.

DLP staff exhibited at the Downtown Cinco de Mayo Festival on May 10, 2018. Staff spoke to attendees about all DLP programs and services. There were approximately 150 persons in attendance. Staff distributed 112 brochures and pamphlets that contained information related to the PAIR program.

DLP staff a presentation at the JEVS In-service Training on July 13, 2018. Staff presented on guardianship and alternatives to guardianship. Staff also spoke to attendees about all DLP programs and services including the PAIR program. There were approximately 10 persons in attendance. Staff distributed 10 sets of materials containing information related to the PAIR program.

DLP staff gave a presentation to the Partners in Policymaking group on July 20, 2018. Staff spoke to attendees about employment rights. Staff also gave an overview of all DLP programs and services. There were 24 persons in attendance. Staff distributed 24 sets of materials.

DLP staff exhibited at the Developmental Disabilities Council Membership event on July 28, 2018. Staff spoke to attendees about all DLP programs and services including the PAIR program. There were approximately 50 persons in attendance. Staff distributed an assortment of 57 brochures and pamphlets containing information related to the PAIR program.

DLP staff exhibited at the Hispanic Heritage Festival on September 24, 2018. Staff spoke to attendees about all DLP programs and services. There were approximately 200 persons in attendance. Staff distributed 95 brochures, pamphlets and booklets.

DLP staff gave a presentation to the Caregivers Community Group on September 24, 2018. Staff spoke to attendees about social security and SSI. Staff also gave an overview of all DLP program and services. There were 30 persons in attendance. Staff distributed 30 sets of materials containing PAIR-related information.

C. Information Disseminated to the Public

1. Radio and TV appearances by PAIR staff0
2. Newspaper/magazine/journal articles1
3. PSAs/videos aired0
4. Hits on the PAIR/P&A website23,921
5. Publications/booklets/brochures disseminated2,414
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)72
2. Additional individuals served during the year63
3. Total individuals served (lines A1 + A2)135
4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)4

B. Individuals served as of September 30

Carryover to next FY may not exceed total on line II. A.3 above 43

C. Problem Areas/Complaints of Individuals Served

1. Architectural accessibility4
2. Employment5
3. Program access0
4. Housing8
5. Government benefits/services88
6. Transportation3
7. Education1
8. Assistive technology0
9. Voting0
10. Health care8
11. Insurance2
12. Non-government services0
13. Privacy rights0
14. Access to records0
15. Abuse2
16. Neglect1
17. Other13

D. Reasons for Closing Individual Case Files

1. Issues resolved partially or completely in individual favor79
2. Other representation found0
3. Individual withdrew complaint3
4. Appeals unsuccessful3
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 merit8
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-advocacy15
2. Short-term assistance25
3. Investigation/monitoring13
4. Negotiation15
5. Mediation/alternative dispute resolution10
6. Administrative hearings13
7. Litigation (including class actions)2
8. Systemic/policy activities0

Part III. Statistical Information on Individuals Served

A. Age of Individuals Served as of October 1

Multiple responses not permitted.

1. 0 - 40
2. 5 - 225
3. 23 - 5999
4. 60 - 6415
5. 65 and over16

B. Gender of Individuals Served

Multiple responses not permitted.

1. Females72
2. Males63

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 Native0
3. Asian1
4. Black or African American58
5. Native Hawaiian or Other Pacific Islander7
6. White67
7. Two or more races0
8. Race/ethnicity unknown2

D. Living Arrangements of Individuals Served

Multiple responses not permitted.

1. Independent102
2. Parental or other family home18
3. Community residential home1
4. Foster care0
5. Nursing home6
6. Public institutional living arrangement0
7. Private institutional living arrangement0
8. Jail/prison/detention center5
9. Homeless3
10. Other living arrangements0
11. Living arrangements not known0

E. Primary Disability of Individuals Served

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

1. Blind/visual impairment8
2. Deaf/hard of hearing3
3. Deaf-blind0
4. Orthopedic impairment51
5. Mental illness9
6. Substance abuse1
7. Mental retardation0
8. Learning disability0
9. Neurological impairment14
10. Respiratory impairment4
11. Heart/other circulatory impairment11
12. Muscular/skeletal impairment0
13. Speech impairment0
14. AIDS/HIV4
15. Traumatic brain injury1
16. Other disability29

Part IV. Systemic Activities and Litigation

A. Systemic Activities

1. Number of policies/practices changed as a result of non-litigation systemic activities77

2. Number of individuals potentially impacted by policy changes22,134

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.

Please see Section V for detailed entries regarding DLP's systemic work under each priority. DLP works in close collaboration with the State Council for Persons with Disabilities, the Governors Advisory Council for Exceptional Citizens, the Developmental Disabilities Council and the Center for Disabilities Studies to identify regulations and legislation impacting persons with disabilities. This group, along with others, also coordinates legislative and policy priorities each year as well. DLP evaluated 77 regulations and bills in FY18; these analyses were shared with the councils and then presented by them to regulators and legislators. Of particular import this year were the revisions to the state equal accommodations statute, which clarified not only the broad scope of the legislation but also made requirements regarding accommodations of service animals much more clear and explicit and DLP's commentary regarding regulations implementing a bill that allow child care providers to administer non-intravenous injections led to numerous revisions, and should help to prevent what has been fairly rampant discrimination by child care providers against families that need this service.

B. Litigation/Class Actions

1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts1
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.

Because PAIR is relatively modest funding, it is not typically used for large scale litigation. However, a DLP attorney successfully litigated in Chancery Court to restore ownership of a manufactured home to a PAIR client who had been wrongfully dispossessed with a relative. DLP advocates frequently utilize administrative processes through SSA and through Medicaid to resolve disputes. These cases are described in Part V.

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 o fdiscriminatory 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 FY18 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 governmen tservices or public accommodations will be eliminated or reduced.

Collaborative Efforts:

DLP participated in meetings of the following groups: Access Wilmington Committee, Victim Rights Task Force Disability Subcommittee, and Victims Compensation Assistance Program Advisory Council. A DLP senior paralegal served as chair of the State Rehabilitation Council. DLP staff were members of 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. A consumer organization (Delaware Family Voices) sponsors regular teleconferences to address issues arising within the system. A DLP paralegal monitors all calls and provides on-going technical assistance and feedback to staff, and a bilingual paralegal monitors calls conducted for Spanish-speakers.

The DLP met with the Medicaid Director and Medicaid program administrators on a quarterly basis to address systemic issues identified by the DLP. In FY18, the meetings addressed the following:1) fair hearing issues; 2) State implementation of new federal managed care regulations; 3) expansion of home modifications benefit in DSHP Plus program, including higher limits and coverage of stair lifts under certain circumstances;4) shortage of nursing and home health providers; 5) State plan amendments regarding treatment of substance abuse disorders; 6) Renewal application for Medicaid Managed care waiver.

In the Fall of 2017, the DLP Project Director participated in a consortium of disability-related agencies which developed a set of systemic policy priorities for FY18. The consortium included multiple State councils and several non-profit agencies. The agenda was presented at a session of the LIFE Conference in January 2018 by DLP staff attorneys.

A DLP paralegal attends the Victim Rights Task Force Disability Subcommittee which identified priorities related to accessibility of transportation for victims with disabilities, especially after hours, as well as inaccessibility of emergency housing and shelters.

A DLP staff attorney participates as a member of the state Architectural Accessibility Board, which reviews and evaluates accessibility for all state owned or funded buildings.

Two DLP staff are members of the Delaware Employment First Oversight Commission, which reviews DVR services and advocates for removal of barriers to state employment for people with disabilites.

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 address adoption of laws, regulations, and policies having a discriminatory or adverse effect on PAIR constituents.

Legislation

Discrimination

The Delaware Equal Accommodations statute had ambiguous language regarding its application to people with mental disabilities, and outdated language related to service animals. At council’s request, DLP staff reviewed proposed amendments and suggested additional amendments to clarify the scope of the law as well as improvements to the language related to service animals . HB 354 passed and was signed in 9/2018.

DLP evaluated HB 352, which authorizes administration of medications, including non-intravenous injections by trained child care workers with the permission of a guardian or parent. Councils supported this bill, which addresses concern that child care providers were not providing necessary accommodations under state law and the ADA for children with disabilities and their parents. This bill passed and was signed into law.

Access to health care

DLP evaluated HB 374 and HB 401 which related to access to medical marijuana. DLP provided analysis and comments to councils regarding the extension of eligibility to chronic migraines and glaucoma, ( HB 374) and also the removal of FDA approved marijuana products from the state list of Controlled Substances, in order to make access to these products to pediatric seizure patients easier. Passed and signed into law 8/2018.

Access to services, supports and facilities

DLP evaluated HB 287 which changed the name of the Certificate of Performance for High School students. This bill was endorsed by councils and changed the name to “State of Delaware Diploma of Modified Performance Standards.” One articulated goal of this legislation was to improve employment prospects by allowing individuals to indicate on job applications that they have earned a “diploma.” HB 287 passed and was signed into law in 4/2018.

DLP evaluated HB 326 which created the Delaware Advance Scholarship Program. DLP worked with councils to develop draft legislation in 2016-2017 to authorize state gap funding for post -secondary certificate programs for students with ID/DD at Delaware colleges. This program teaches academic and independent living skills that leads to more renumerative and rewarding employment opportunities. The DLP reviewed language and provided technical assistance on request to the sponsors, and the legislation passed and was signed into law. Passed and signed in 7/2018.

HS 1 for HB 49 created security requirements for newly constructed or renovated schools. Initial proposals included creation of a secured vestibule as well as locking doors in classrooms. DLP analyzed the bill and councils shared concerns related to accessibility, including requiring language in the bill that required any improvements to be compliant with the ADA and with the state accessibility codes. The bill passed without this express requirement; however, stakeholders were put on notice that these enhancements must be installed to provide legally required accessibility.

HB 332 required that employees in the financial sector report in situations where they reasonably believe that financial exploitation of an elderly or vulnerable person has occurred or is being attempted. DLP analyzed the bill for councils, who expressed concern that the freezing of assets for lengthy periods of time could be problematic for certain individuals . The bill passed and was signed into law on 8/29/2018.

Employment

DLP evaluated HB 406, which authorizes insurance companies to sell stop loss policies to small employers who choose to self-insure. DLP analysis to councils expressed concerns that these policies undermine the ACA marketplace and allow employers to provide substandard insurance to employees.

Access to Voting

DLP evaluated HB 363, which extended the hours that polls are open for referendums in Delaware. Based on this analysis, councils endorsed this measure, which will allow for greater access to the polls. This bill passed and was signed into law.

DLP evaluated HB 400, which proposed to allow voter registration up to the day of the election. Councils endorsed the concept as it would lead to greater participation for voters. This bill did not make it out of committee.

Regulations

Access to health care

The Division of Developmental Disabilities proposed to expand its existing Medicaid waiver for individuals with developmental disabilities to cover more individuals and offer more services. [20 DE Reg. 379 (11/1/16)] DDDS proposed to add 1,122 and 1,206 persons with intellectual disabilities exiting the special education system in FY18 and FY19 respectively. Almost all DDDS waiver participants are SSI beneficiaries. The expanded services menu included the following: 1) prevocational services; 2) supported employment - individual; 3) supported employment- small group; and 4) an array of community living supports. The Department of Health & Social Services proposed amendments to its Medicaid waivers. Non-residential enrollees in the above DDDS waiver would receive State Plan services through a managed care network and waiver services through a different network resulting in multiple case managers and non-integrated plans. The DLP prepared an analysis of the proposal highlighting the negative consequences of bifurcating case management and planning. Multiple councils adopted the analysis which was shared with the Department. DLP made additional comments to the final version of these regulations, which were accepted. 21 Del. Reg. 269.

DLP evaluated proposed regulations to bring Delaware into compliance with revised CMS Medicaid Managed Care regulations. In particular, DLP evaluated changes to the fair hearing and appeal process. DLP also analyzed proposed rules related to simplifying the Medicaid Waiver application process. 21 Del. Reg. 389, 568,606.

DLP evaluated a proposed state plan amendment to extend targeted case management for youth with behavioral health disorders. These services can greatly assist youth transitioning to the adult system. 21 Del Reg. 379, 628.

DLP evaluated a proposed state plan amendment to its waiver in order to allow individuals with substance abuse disorders to be treated on an inpatient basis at institutions for mental disease. 21 Del Reg. 917.

DLP evaluated the DMMA DSHP Waiver extension application and advocated for expansions to home modification benefits. 21 Del Reg. 917.

DLP evaluated regulations that eliminated the Delaware Prescription Assistance Program. Councils adopted DLP concerns regarding the negative impact that the elimination of DPAP would have on vulnerable populations. 21 del reg. 433

DLP evaluated a regulation limiting the time to submit a Medicaid claim to one year. Councils commented that one year was not adequate; however, DMMA moved forward to finalize the regulation. 21 Del. Reg. 475,637.

DLP evaluated a regulation regarding the collection of health data by the Delaware Health Information Network. The councils shared suggestions relating to wording as well as language requiring reporting of circumstances of data misuse to the Department of Justice. 21 Del Reg. 463,712.

DLP evaluated regulations that mandated parity for mental health services in the CHIP program, which was consistent with state and federal requirements. Councils endorsed this change. 21 Del Reg. 608.

DLP evaluated proposed regulations to that sought to streamline the application process for long term care Medicaid. These regulations were necessary to align state regulations with ACA requirements, including the ability for a third person to file an application on a person’s behalf. Councils adopted DLP suggestions that the regulations should include more express language that any third party had an obligation to act in the best interest of the applicant. 21 Del Reg. 860.

DLP evaluated a proposed Amendment to the state’s 1115 waiver to allow the use of Institutions for Mental Disease for in-patient treatment of substance abuse disorders. Councils expressed approval of the concept in general with the concern that DMMA continue to provide robust community based substance abuse treatment. 21 Del Reg. 917. DLP subsequently filed comments with CMS regarding this proposed amendment.

DLP evaluated a DMMA notice of its intent to file for a 5 year extension of its Diamond State Health Plan waiver. The notice indicated that no changes were proposed under the SPA. Based on DLP review, councils suggested that DMMA consider increasing benefit limits for home modifications and clarify that there are no specific limitations on the types of modifications that can be made ( the MMCO contracts appear to exclude stair lifts, for example). 21 Del Reg. 917.

DLP evaluated a proposed regulation that added alternatives to Medicare certification for home health agencies operating under waiver programs, as a way to encourage more home health agencies to participate. Councils recommended endorsement of the measure as a way to address the home health shortage in Delaware. 22 Del. Reg 194

Access to financial benefits

DLP evaluated regulations revising special needs trust rules to comport with the CURES Act. Special needs trusts allow individuals with disabilities to avoid resource issues in some circumstances. 21 Del Reg. 374.

DLP evaluated proposed regulations redrafting rules related to TANF contracts for mutual responsibility. While there were no proposed changes to work requirements, there was a concern that Delaware had not expressly indicated that reasonable accommodations for people with disabilities would need to be made. 22 Del Reg. 50.

DLP evaluated for councils the removal of the drug conviction ban for TANF eligibility. The amendment brought the regulation into conformity with legislation; this change should allow individuals and families, even those with a substance abuse history to obtain this benefit. 32 Del. Reg. 477.

DLP evaluated the proposed repeal of regulations related to use of personal credit information by insurers because the regulation was inconsistent with current statutory law. The new statute provides greater protections benefiting consumers. 21 Del. Reg. 546.

Access to services and supports

DLP prepared analysis related to several child care regulatory changes. Access to subsidized child care is a critical component to successful work and disruptions to child care can greatly undermine successful work .21 Del. Reg. 376

DLP critically analyzed proposed regulations that appeared to limit access to child care for “non-traditional” hours and also imposed burdensome training requirements on family caregivers. Stakeholders relying on DLP analysis encouraged Delaware to more explicitly affirm its obligation to provide accommodations for people with disabilities requiring child care. 21 Del Reg. 542, 639.

DLP analyzed proposed child care licensing regulations which further defined what obligations child care providers have to make medical accommodations and also addressed to some degree necessary steps to assist children with behavioral needs. DLP stressed the need to avoid unnecessary suspensions and expulsions of young children from child care. 21 Del Reg. 781, 794.

DLP prepared analysis on proposed and final regulations related to IDEA eligibility for students with visual impairments. New regulations should help to facilitate better and more inclusive eligibility for special education and related vocational services with children with visual impairments. 21 Del. Reg. 375.

DLP prepared extensive analysis on proposed DDOE anti-discrimination regulations that would positively impact students with disabilities. 21 Del. Reg. 364

DLP evaluated for councils the removal of the drug conviction ban for TANF eligibility. The amendment brought the regulation into conformity with legislation; this change should allow individuals and families, even those with a substance abuse history to obtain this benefit. 32 Del. Reg. 477.

DLP analyzed amendments to the Victims Compensation Assistance Program regulations and issued favorable comments to councils in support of changes that make it easier for victims to access mental health services. 21 Del Reg. 678.

DLP evaluated insurance regulations that created avenues for representation for appeals of insurance denials of substance abuse treatment. The Department of Insurance incorporated earlier suggested amendments by councils and republished them for comment. 21 Del. Reg . 400, 406.

DLP evaluated proposed regulations updating requirements for speech language pathologists, including a requirement that audiologists and hearing aid dispensers inform clients of telecoil technology. 22 Del Reg. 30.

DLP evaluated regulations updating language for Police Training. Based on this analysis, councils suggested language changes to reflect modern disability terminology and also expressed concern that the regulations do no appear to give any avenue for a cadet to ask for reasonable accommodations. 22 Del Reg. 26.

A. Number of cases 73

B. Case Summaries. Below is a non-exhaustive list of illustrative cases handled under PAIR

a. Discrimination

Client ( who is deaf) complained because his minor daughter was questioned without his presence and that police did not provide an interpreter for him. DLP reviewed the NCC police interpreter policy ( which was quite poor), but charges were dropped against client's daughter. Client did eventually get an interpreter provided at JP court where daughter was arraigned, but unhappy that police did not provide an interpreter for them at station. DLP advised client on legal options, including filing of USDOJ complaint. 14-0079202

Provided technical assistance to client regarding her charge of discrimination that she filed against her employer for failure to make accommodations in the workplace. Reviewed documents and gave technical assistance regarding EEOC procedures. 16-0084048

Client who was employed at chicken plant had a seizure at work, exhausted his FMLA time and additional time provided by employer. While on leave, the client's position was eliminated. DLP and attorney for employer negotiated agreement whereby Client would meet with HR department to discuss open positions, which led to client’s re-employment with company. 15-0083289

Client who uses wheelchair for mobility came to our office for help regarding an incident in which a department store’s accessible dressing room did not have a door. Store worker and management were very unhelpful, and client was forced to ask another customer to shield the door so she could change. Client was embarrassed after this issue and wanted help in getting it fixed. DLP conducted a site survey, which revealed that the store had placed a curtain in place of a door; however there was insufficient space to maneuver a backup wheelchair and slid over to a bench. Client did not wish to pursue the matter further. 18-0093664

Client, who has vision impairment, was hired by a large retailer to work in receiving. Client did not require accommodations other than the use of a hand magnifier (which he had) for reading. While doing training on a computer, store manager saw him using hand magnifier and stated that receiving department was "too dangerous" for him. He was reassigned as parking lot attendant at a lower rate of pay. Due to cars and limited lighting, parking lot was more dangerous to client. DLP filed complaint with Department of Labor. Mediation was unsuccessful, but client later agreed to settlement . 17-0088331

Client with epilepsy asked DLP for assistance when Kent General Hospital escorted her off the property because her service dog growled at a doctor. The client was unable to establish evidence that the dog was a service animal. DLP provided the client with the definition of a service animal under the ADA and state law, and provided the client with other self-help materials. 18-0093032

b. Access to health care

Client came to DLP with problems with a dialysis center refusing to provide treatment. DLP agreed to advise, and discovered that CMS was also looking into client's allegations. Client decided to pursue remedies through CMS. 16-0085579

Client who is deaf came in for assistance regarding access to a physically live interpreter at her doctor’s appointments. She had made several requests, and the doctor was insisting that she use Video Relay Interpreting. DLP advised client of legal rights and next steps. Client informed DLP that at next appointment, doctor provided live interpreter. 17-0091258

Client with quadriplegia requested assistance appealing the denial of increased home health hours by her managed care organization. DLP provided technical assistance on appeal, including how to obtain necessary documentation from treating physician for appeal. DLP reviewed the medical record and appeal file. Client decided not to pursue appeal. 18-0092195

Client sought approval of medication for Hepatitis C through Medicaid Managed Care, which was denied. DLP provided technical assistance and offered to assist client through appeal; however, nurse from medical practice insisted on pursuing, unsuccessfully. Delaware formulary now allows full access to medication, so client able to obtain without documentation from physician. 16-0086078

Client came seeking assistance with being improperly notified and discharged from a nursing home. DLP investigated the claim that the client was not notified of discharge as well as inappropriate discharge to an inaccessible hotel, but found that all procedures had been followed. Client was given referral names and numbers to the Deputy Director of the Delaware Division of Health Care Quality and the Executive Director of Delaware Nursing Home Residents Quality Assurance Commission for potential remedies that are more systemic. 17-0091113

Man with quadriplegia residing at state long term care facility asked DLP for assistance with multiple issues, including approval of an appropriate power wheelchair, access to physical therapy and facilitating a transfer to his home state of Georgia. The client also complained that staff shut off his call buttons at night and that requests that he not be assigned male nurses due to PTSD went unheeded. DLP reported the call button and staffing issues to Division of Health Facilities Licensing. DLP also arranged a meeting between the client and the hospital director and assisted in facilitating client’s transfer to a long term care facility in Georgia. DLP confirmed that a power wheelchair would be provided as part of client’s transfer . Finally, DLP gave client referral information for Georgia P&A. 16-0087027

c. Access to financial benefits

Client came to our office because her Social Security Disability Insurance (SSDI) benefits were terminated/ceased. Client, who is Spanish speaking, was very confused by the varying notices sent to her from the Social Security Administration (SSA), in part due to the fact that the majority of notices she received were only written in English. The SSA Lewes Field Office also did not provide her an interpreter and she had to bring a friend to try and help interpret. The confusion lead to the client not filing for a continuation of benefits. Ultimately, we assisted the client and got her benefits continued with a good cause statement being filed. We also assisted client in filing an appeal. Ultimately, a Senior Adjudicator ruled that the client's disability was still continuing. 17-0091472

Client came to us for an overpayment issue with the Social Security Administration (SSA), which was pending at the ALJ level. DLP advised client to file a waiver of overpayment and the entire overpayment was waived by the Lewes SSA Field Office, leading to a dismissal of the appeal with the ALJ. 17-0089947

SSA determined that client received a rental subsidy because the fair market value of the client’s living arrangement greatly exceeded what he was paying in rent. SSA applied one third reduction rule for in kind support and maintenance. Requested reconsideration and went to informal conference with client where decision was unfavorable. Client advised to stop paying rent because of application of rule. Client also requested continuation of benefits so had overpayment once reconsideration denied. Requested administrative adjustment of the overpayment which was granted 14-0078624

Client came to us with work-related cessation and overpayment of Social Security Disability. During the course of addressing the overpayment, he was in a serious accident which left him with disabling injuries. I assisted with all paperwork for new claim, as he was unable to go to SSA and had limited use of his hands. New claim was approved, and we were then able to arrange an affordable repayment arrangement for the overpayment. 16-0084404

Client had cessation and overpayment of Social Security benefits caused by working over allowed amounts while receiving payments. Calculations of income were incorrect, and client was also no longer working. We assisted with expedited reinstatement, and requested waiver of the overpayment, which had already been greatly reduced. We referred client to LSCD for assistance with bankruptcy. Before waiver request could be processed, client's bankruptcy was approved and debt was fully discharged.13-1046908

Client had overpayment of $18,272.22 due to receiving worker's compensation while receiving full SSDI. Debt was over 30 years old. We requested waiver based on both lack of fault and the length of time which had passed without any attempts by SSA to collect. We were successful in eliminating the debt. 14-0079158

Client with lupus had been on SSDI since 2004, was facing cessation of benefits due to medical improvement. DLP obtained additional medical evidence and represented at ALJ hearing, leading to fully favorable decision, with benefits continued for entire appeal period. 16-0084387

Client's SSI was being ceased as of October 2012. We represented at ALJ hearing, got partially favorable, with cessation October 2012 and new period of disability beginning on August 2016 (at age 55) and continuing. Client had continued benefits during that 4 year period, and we were able to get that overpayment waived, so the actual result was no interruption in benefits at all, as though ALJ decision had been fully favorable. 16-0086607

Client had cessation of SSDI and overpayment caused by earning too much money while receiving benefits. We assisted with having client's benefits reinstated. We were able to have overpayment reduced from $30,434.30 down to $7,560.00 by proving that most of the overpayment was SSA's fault. The remainder of the overpayment was addressed by negotiating a $20 per month repayment arrangement. 17-0089392

Client had student loan debt, being withheld from her SSDI benefit at the rate of $197.40 per month. DLP obtained proof of her permanent disability from SSA, and completed and filed a request to the Dept of Education to forgive the debt. It was approved, and SSA verified that nothing is being withheld. 17-0089790

While advising a client on a child support manner, discovered that he may be eligible for VA benefits. DLP assisted client in developing application documents for a VA pension and filing an intent to file form with the VA. 14-0092096

Client came to the office seeking assistance with his Supplemental Security Income "SSI" and Social Security Disability Insurance "SSDI" continuing disability review cessation. The client filed an appeal, but did not file the continuation of benefits within the 10 days and was not getting benefits during his appeal. DLP assisted client in request for continuation and helped the client with his statement of good cause. We received a favorable decision and the client's benefits were reinstated with a retroactive payment The client also received a favorable Continuing Disability Review decision on 1/2018 stating that he still qualifies for disability. 17-0091192

Client came to the office with various orthopedic impairments including a full knee replacement. Client’s SSDI was terminated after client failed to complete the CDR process. DLP staff office worked with the Social Security Administration to show that the client was in compliance and requested his benefit be reinstated during his case review. The Dover field office issued a critical payment and a favorable continuing disability review decision was made on 3/22/18. 18-0091926

A.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, accessible parking laws, private transportation providers, and access to State-subsidized vehicle modifications. Finally, vehicular safety standards affect the incidence and prevalence of injuries to “at risk” individuals with disabilities.

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 FY18 Priorities, the outcome indicators for this objective were as follows:

As a result of DLP intervention,5 persons will secure equal or improved access to transportation.

As a result of DLP intervention, 3 laws, regulations,or policies will be changed or barriers to transportation eliminated or reduced.

Collaborative Efforts

Group:

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 EDTAC addressed paratransit fare increases, on-time arrival statistics, and assisted in the roll out of a new phone based app that will assist riders.

The DLP addressed transportation matters through participation in the State Council for Persons with Disabilities (SCPD). The Council includes the DLP Project Director, DART Civil Rights Director, and DART Title II ADA Coordinator.

The DLP Project Director is a member of the Victim Rights Task Force Disability Subcommittee. The DLP provided technical assistanceto the Subcommittee to address the issue of lack of emergency accessible transportation for mobility-impaired victims of crime or domestic violence interested in reaching a shelter or alternate safe housing.

In the Fall of 2017, the DLP Project Director participated in a consortium of disability-related agencies which developed a set of ten (10) systemic policy priorities for FY18. These rere presented at a session of the LIFE Conference in January 2018. The consortium included multiple State councils and several non-profit agencies.

The DLP presented testimony on the FY19 Division of Services for Aging & Adults with Physical Disabilities (DSAAPD) budget in an OMB hearing in November, 2017 and a legislative hearing in February, 2018. The testimony was presented on behalf of the Developmental Disabilities Council, State Council for Persons with Disabilities, and the Governor’s Advisory Council for Exceptional Citizens. The testimony focused on the need to provide sufficient funding to the State’s attendant services program in which attendants provide support services, including transportation, escort, and transferring to and from wheelchairs and vehicles. The current waiting list is 272. The program was again level funded.

Group

Legislation

DLP analyzed HB 294 which proposed to remove rehabilitiation services for individuals who have had their drivers licenses revoked from the Department of Homeland Security to the Division of Substance Abuse and Mental Health. Councils adopted analysis which supported this change as DSAMH is in a better position to provide therapeutic services to individuals with alcohol and substance abuse issues.

Regulations

Number of Cases 3

Cases

Client who used a motorized chair/scooter contacted DLP because of potential barriers to use of public roadway/intersection. Our office opened an investigation regarding his potential claims. After investigating and evaluating the potential situation it was determined that the state was in compliance with the Americans with Disabilities Act (ADA). 17-0091060

Client came seeking assistance with bringing a lawsuit against United Airlines to include monetary damages for pain/suffering related to airline’s denial of accommodations on return flight, as requested. DLP attorney researched Air Carrier Access Act and provided client with technical assistance related to administrative complaints as well as a referral to the private bar. 17-009140

Client who is blind called about transportation provider not abiding by earlier settlement brokered by DLP regarding discrimination based on service animal. Provider was not assigning rides to preferred subcontractor. DLP investigated and found that agreement was being followed but that internal mechanisms at the provider and subcontractor meant that many of client's rides could not be picked up by subcontractor. 15-0082707

A.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. For residents living in congregate living settings, their quality of life is affected by laws and regulations affecting health, safety, and supports.

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 wit hincongregate living settings;and acquisition o fhome health and other supports to facilitate successful community living. As reflected in the FY18 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.

Collaborative Efforts

The DLP Project Director served on the State Council for Persons with Disabilities Housing Committee and attended the majorityof meetings convened in FY18.

Legislation

Regulations

DLP favorably analyzed regulations that placed safety requirements on landlords related to boilers in rental properties. Councils adopted the analysis and endorsed the regulations. 21 De. Reg 554

Number of Cases 7

Cases

Client who used wheelchair for mobility due to disabilities living in section 8 project based development. Because of her disabilities, client requested that her son be permitted to reside with her as a live in caretaker. Because son was banned individual, request was denied and housing discrimination complaints filed with DHR and HUD. DHR issued no probable cause finding but HUD continued to investigate the 504 violation. Landlord agreed that client needed a live in caretaker but would not agree to let son be that person. Client eventually agreed that she did not want son to live with her and authorized me to withdraw her HUD complaint. 07-1021167

Client living in federally subsidized housing, uses a wheelchair for mobility. Although complex installed a ramp to client's apartment, there were no curb cuts that allowed her access to the Delaware paratransit bus that picked her up for her day program. DLP Requested curb cut be installed to fix problem and housing manager agreed. 11-3033197

Client on SSDI and Medicaid home and community based waiver had her electricity terminated because she did not completely and timely complete the certification of medical need form. She had a §8 voucher and was facing eviction and loss of the voucher due to utility issue. After fruitless negotiation with the power company to add her back to the medical need program, DLP referred client to another legal services provider for filing of a chapter 7 bankruptcy. The bankruptcy was filed and her electric was restored. 17-0090900

Fifty two year old client lived with parents; father passed away and mother started to decline. Client required advice; DLP assisted client in negotiating transfer of control of mother’s assets to nursing home as well as move- out from home so that home could be sold to pay for mother’s care. 14-0080549

Landlord instructed client to remove her service animal from apartment after alleged biting incident. Client subsequently placed dog in shelter but landlord never sent appropriate notices. DLP advised client to bring dog back and await landlord response. Client followed advice and no further problems ensued. 17-0087944

Client contacted our office after his home health aide refused to come to his apartment due to bed bugs. Because he was a double amputee, and had difficulty ambulating on the carpet in his apartment, and because he believed the bed bugs were in the carpet, he wanted to move to an apartment with vinyl floors. DLP successfully advocated for treatment to exterminate the bed bugs, then helped client transfer to a new apartment with vinyl floors. He was on a state subsidized rental voucher and the housing authority covered the subsequent rent increase. 17-009071

A. FOURTH PRIORITY: AUTONOMY

1. Identification

The PAIR program will promote constituent autonomy and self-assurance through training, information dissemination, and assistance with supported decision-making agreements and 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 healthcare directives, powers of attorney, supported decision-making agreements, and similar documents 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, powers of attorney, supported decision-making agreements,and similar documents. As reflected in the FY18 Priorities, the outcome indicators for this objective were as follows:

a. The DLP will provide information and referral services to 80 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 10 powers of attorney, advance directives, supported decision-making agreements, and similar authorizing documents.

Collaborative Efforts

Consistent with PPR, Part 1, Section B, the DLP conducted 22 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 healthcare directives (AHCDs) by residents of long-termcare facilities, the DLP often collaborated with the Ombudsman in finalizing such documents. To strengthen ties, two employees of the Ombudsman program joined the DLP’s PAIR Advisory Council in September, 2017.

A DLP attorney attends the State Guardianship Commission and reviewed rules changes related to guardian ad litems.

The DLP coordinates with the state Long Term Care Ombudsman to assist in powers of attorney and health care directives for instituationalized persons.

Number of Cases 6

Cases

Client’s spouse, while hospitalized and dying, executed a new will and new Power of attorney under the influence of her sister that disinherited client. While the subsequent will did not affect title of the real estate, the personal property would have gone to a nephew rather than client. DLP filed pleadings ( a Caveat) that the recent will was the product of undue influence and would be challenged. The sister and her children answered the Caveat and disclaimed appointments and bequests under the new will. The Master entered judgment as a matter of law with respect to Count II of the Caveat, which was to invalidate all transfers of property under the new will, and closed the court file. 16-0084079

Client with visual impairment asked for assistance with updating her Durable Power of Attorney and Advanced Health Care Directive. DLP prepared new documents for client that complied with revised statute. 16-0086538

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

FY2019 P&A FOR INDIVIDUAL RIGHTS (PAIR) PRIORITIES

INTRODUCTION

The Disabilities Law Program (“DLP”) of the CommunityLegal 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 fo rBeneficiaries 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 2019 (October 1, 2018 - September 30, 2019) for the Protection and Advocacy for Individual Rights Program, or “PAIR.”

INTERAGENCY COORDINATION

The focus of the PAIR program is to provide services to individuals with disabilities in eligible under other protection and advocacy programs, i.e., PAIMI, PADD, and also client assistance programs (CAPs). See 29 U.S.C.§794(e). However, federal law envisions that the PAIR will coordinate advocacy with CAP 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) intra-office referrals among programs are routinely made to ensure that applicants are screened for eligibility for the appropriate DLP grant;

3) reference materials and training resources are routinely shared; and

4) the DLP Managing Attorney 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 attends meetings of Department of Labor’s Division of Vocational Rehabilitation [“DVR”] advisory council;

2) DLP staff serves on the DVR Client Services Policy Committee;

3) DLP Project Director and CAP Director serve together on the State Council for Persons with Disabilities;

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 analyses 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 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 StateCouncil for Persons with Disabilities Policy & Law Committee;

5) A representative from the Ombudsman’s office attends the PAIR Advisory Council meetings.

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 individuals.

SPECIFIC PRIORITIES AND OBJECTIVES

I. ACCESS TO FACILITIES, PROGRAMS AND SERVICES

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.

0101 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, 45 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 modified.

RATIONALE

This priority promotes effective access to services and supports for individuals with disabilities living in various settings, including access to Medicaid and medical assistance and financial supports. This priority also encompasses enforcement of both Titles II and III of the ADA, as well as Delaware’s equal accommodations law. Both public sector and private sector compliance with the ADA will be promoted.

In the public sector,the DLP contemplates legal assistance to protect the rights of Medicaid beneficiaries, particularly those enrolled in the DSHP and DSHP Plus managed care systems. Access to basic healthcare is a high priority among PAIR constituents and Delaware’s Medicaid MCOs have historically denied, in whole or part, valid claims for services. Apart from healthcare, the DLP routinely receives requests for assistance with “safety-net” income-maintenance programs (e.g. preservation of SSI/SSDI from threatened cessation by SSA or in State child support reimbursement context; preservation of SSI/SSDI benefits through overpayment waivers or incremental repayment agreements). Finally, a DLP representative 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. In this regard, DLP will focus on compliance with Title III of the ADA and the state equal accommodations statute.

II. TRANSPORTATION

GOAL: The PAIR program will promote a consumer-friendly transportation system and reduction of barriers to constituent travel.

OBJECTIVES:

0200 A. Through systemic and individual advocacy, and through collaboration with advocacy organizations and councils [e.g. Elderly & Disabled Transportation Advisory Council (EDTAC); State Council for Persons with Disabilities (SCPD);Victim RightsTask Force (VRTF)], improve access to the fixed route system, promote improvement in Delaware’s paratransit system, and increase the availability of emergency accessible transportation to shelters and temporary housing.

0201 B. Collaborate with the SCPD to promote:

1) consumer-oriented motor vehicle license,operation and parking laws,ordinances, regulations,and policies;

2) enhanced access to State subsidized vehicle modifications; and

3) safety-related transportation laws, regulations, and policies to prevent orreduce 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, including access to accessible parking, 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.

GENERAL STANDARDSFOR DETERMINATION OFLEVEL

AND TYPE OF SERVICES

Recognizing that the demand for assistance has historically outstripped availablere sources,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 othe rconstituents 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, 2017 - September, 2018

Source of funding

Amount Received

Amount Spent

Federal (section 509)

$ 171,598- FY 2018 funds

$ 171,598 - FY 2018 funds

State

Program Income

Private

All other funds

$ 31,034 - unrestricted funds

Total (from all sources)

$ 171,598

$ 202,632

B. Actual for FY 18 & Projection for FY 19

Category

Prior Fiscal Year Actual Spent 10/01/17-9/30/18

Current Fiscal Year Budget

Wages/salaries

$ 123,891

$ 106,460

Fringe benefits (medical, dental ,FICA,

unemployment, etc.)

$ 51,737

$ 42,032

Materials, supplies, printing

$ 1,434

$ 961

Postage

$ 297

$ 390

Telephone & Internet

$ 1,795$ 1,381

Occupancy (Rent, Utilities, Bldg. & Grounds Maint., Depreciation)

$ 8,440

$ 7,595

Travel/Training

$ 2,774$ 4,266

Membership dues

$ 1,055$ 1,064

Bonding/Insurance

$ 1,637$ 1,239

Equipment

(rental/purchase)

$ 1,457

$ 685

Litigation Costs

$ 1,005$ 900

Contractual (Payroll, Audit, Law Library, IT, Software, Temp Hire)

$ 7,064$ 4,596

Miscellaneous

$ 46$ 29

Total

$ 202,632

$171,598

C. Description of PAIR staff - October 2017- September 2018

Type of Position

FTE

% of year filled

Person-years

Professional
Full-time

1.97

100%1.97
Part-time

Vacant

Clerical

Full-time

0 .14

100%

0.14

Part-time

Vacant

The PAIR positions for Fiscal Year 2018, October 2017 - September 2018, included the Sr. Project Director (now retired), new Project Director, 9 attorneys, 5 paralegals, 1 volunteer law clerk, 4 administrative staff, and 4 support staff required to provide PAIR services in each of Delaware’s three counties. The staff positions:

Professional Staff FTE

Disabilities Law Program Project Directors 0.13

Executive Director 0.01

C.F.O 0.03

Accountant 0.03

Attorneys

New Castle County 3 Senior Attorneys 0.10

New Castle County 3 Attorneys 0.09

Kent County ½ Attorney 0.11

Sussex County 1 Senior Attorney 0.02

Sussex County 1- ½ Attorneys 0.11

Paralegal

New Castle County 2 Paralegals 0.57

Kent County 2 Paralegals 0.37

Sussex County 1 Paralegal 0.17

Volunteer Law Clerk 0.10

Administrative Assistant 0.12

Clerical Staff

Legal Secretary FTE

New Castle County 1 Office Manager/Legal Secretary 0.03

New Castle County 1 Intake Receptionist 0.03

Kent Count 1 Office Manager/Legal Secretary 0.03

Sussex County 1 Office Manager/Legal Secretary 0.03

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 18 the Council met on November 1, 2017; February 14, 2018; and July 10, 2018. 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 Director serve together on the State Council for Persons with Disabilities;

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 ByLaura Waterland
TitleProject Director
Signed Date01/24/2019