|Name||Disability Rights New Mexico|
|Address||3916 Juan Tabo Blvd. NE|
|Address Line 2|
|Name of P&A Executive Director||Gary Housepian|
|Name of PAIR Director/Coordinator||Bernadine Chavez|
|Person to contact regarding report||Bernadine Chavez|
|Contact Person phone||505-256-3100|
Multiple responses are not permitted.
|1. Individuals receiving I&R within PAIR priority areas||82|
|2. Individuals receiving I&R outside PAIR priority areas||338|
|3. Total individuals receiving I&R (lines A1 + A2)||420|
|1. Number of trainings presented by PAIR staff||12|
|2. Number of individuals who attended training (approximate)||268|
PAIR staff provided two trainings to 24 new staff persons working for the New Mexico Division (NMDVR) at the Rehabilitation Academy. The training topics included PAIR and other programs at Disability Rights New Mexico. The other topic covered was Title I of the Americans with Disabilities Act. We also provided training to the “job acquisitions team” on ADA and Title I. This training also helps to familiarize VR staff with ADA and approaching employers about reasonable accommodations. PAIR staff also provided training at the NMDVR Statewide meeting to all NMDVR staff. We also provided training on section 504 of the Rehabilitation Act, and ADA (Title I). PAIR staff presented to a support group of Native American parents with transition age children. We trained on transition services for individuals with 504 plans preparing for transition. PAIR staff also provided training for a program that provides support services for persons with AIDS and HIV. Many of the participants in this group had lost employment, housing, and Medicaid services due to their disabilities from AIDS or HIV. Every participant was an SSA beneficiary. Staff provided training on disability rights and self-advocacy strategies. DRNM/PAIR staff provided training 4 trainings to Albuquerque Transit drivers on disability awareness, ADA requirements and how to provide quality services to individuals with disabilities. PAIR staff also provided two trainings on “alternatives to guardianship” which included family members of adults with TBI and orthopedic disabilities. DRNM provided training to the Department of Workforce Solutions (Labor) staff on the Disability Awareness and also training on ADA and Title I. There were 32 participants between 2 sessions. PAIR staff also provided training on Medicaid issues and rights for individuals with orthopedic disabilities. In summary, PAIR staff at DRNM conducted a total of 12 trainings with a total of 268 participants. DRNM/PAIR also participated in 16 informational fairs in which we distributed PAIR brochures and provided information to participants. Of the 16 fairs, five were targeted outreach to minorities and underserved populations.
|1. Radio and TV appearances by PAIR staff||1|
|2. Newspaper/magazine/journal articles||1|
|3. PSAs/videos aired||0|
|4. Hits on the PAIR/P&A website||14,000|
|5. Publications/booklets/brochures disseminated||620|
|6. Other (specify separately)||0|
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)||7|
|2. Additional individuals served during the year||19|
|3. Total individuals served (lines A1 + A2)||26|
|4. Individuals w. more than 1 case opened/closed during the FY. (Do not add this number to total on line A3 above.)||2|
Carryover to next FY may not exceed total on line II. A.3 above 5
|1. Architectural accessibility||2|
|3. Program access||0|
|5. Government benefits/services||4|
|8. Assistive technology||0|
|10. Health care||15|
|12. Non-government services||0|
|13. Privacy rights||0|
|14. Access to records||0|
|1. Issues resolved partially or completely in individual favor||17|
|2. Other representation found||2|
|3. Individual withdrew complaint||2|
|4. Appeals unsuccessful||2|
|5. PAIR Services not needed due to individual's death, relocation etc.||1|
|6. PAIR withdrew from case||0|
|7. PAIR unable to take case because of lack of resources||1|
|8. Individual case lacks legal merit||1|
List the highest level of intervention used by PAIR prior to closing each case file.
|1. Technical assistance in self-advocacy||2|
|2. Short-term assistance||10|
|5. Mediation/alternative dispute resolution||1|
|6. Administrative hearings||7|
|7. Litigation (including class actions)||1|
|8. Systemic/policy activities||1|
|1. 0 - 4||0|
|2. 5 - 22||2|
|3. 23 - 59||12|
|4. 60 - 64||2|
|5. 65 and over||10|
Multiple responses not permitted.
|1. Hispanic/Latino of any race||7|
|2. American Indian or Alaskan Native||2|
|4. Black or African American||1|
|5. Native Hawaiian or Other Pacific Islander||0|
|7. Two or more races||0|
|8. Race/ethnicity unknown||1|
Multiple responses not permitted.
|2. Parental or other family home||3|
|3. Community residential home||0|
|4. Foster care||0|
|5. Nursing home||2|
|6. Public institutional living arrangement||0|
|7. Private institutional living arrangement||0|
|8. Jail/prison/detention center||0|
|10. Other living arrangements||1|
|11. Living arrangements not known||0|
Identify the individual's primary disability, namely the one directly related to the issues/complaints
|1. Blind/visual impairment||2|
|2. Deaf/hard of hearing||0|
|4. Orthopedic impairment||12|
|5. Mental illness||0|
|6. Substance abuse||0|
|7. Mental retardation||0|
|8. Learning disability||2|
|9. Neurological impairment||2|
|10. Respiratory impairment||1|
|11. Heart/other circulatory impairment||1|
|12. Muscular/skeletal impairment||3|
|13. Speech impairment||0|
|15. Traumatic brain injury||2|
|16. Other disability||1|
|1. Number of policies/practices changed as a result of non-litigation systemic activities||2|
|2. Number of individuals potentially impacted by policy changes||20,000|
Describe your systemic activities. Be sure to include information about the policies that were changed and how these changes benefit individuals with disabilities. Include case examples of how your systemic activities impacted individuals served.
The New Mexico Medicaid system was transformed in 2014 in ways that dramatically changed the provision of long-term services (LTS) home- and community-based services (HCBS). People with physical disabilities qualifying for the nursing facility level of care now receive a variety of LTS or HCBS through "Community Benefit" services, without having to be in a "waiver slot". These services are administered as either Agency Based Community Benefits (ABCB) or Self-Directed Community Benefits (SDCB). The legal structure for both ABCB and SDCB starts with a Comprehensive Needs Assessment (CNA). The purpose of the CNA is to determine the full array of services each participant needs. The menu of services available includes 14 different ABCB services and 23 SDCB services. In practice, however, the CNA has not been "Comprehensive" at all. In the vast majority of cases, the assessment used for this purpose by the Managed Care Organizations (MCOs) that plan and provide these services under contract to the state has excluded all but one ABCB service (Personal Care Services, or PCS) and all but one SDCB service (named the Homemaker service, which in practice is identical to ABCB’s PCS). Very few participants were able to access any of the other services to which they are entitled. In FY2016 DRNM engaged in negotiations with both the MCOs and New Mexico’s Human Services Department (HSD), the state entity that operates Medicaid. As a result, PAIR/DRNM was able to win a commitment from HSD to require the MCOs to supplement the CNA to include questions specific to all of the available ABCB and SDCB services, and these questions would lead to actual service requests for participants needing them. We contributed to the development of this supplemental questionnaire for the CNA. PAIR/DRNM oversaw the piloted administration of this new and improved, and truly "Comprehensive," CNA through the late part of FY2016. HSD and the MCOs committed to utilizing this full and legally acceptable CNA to all ABCB and SDCB participant in FY2017. DRNM has continued to monitor the implementation of this policy during FY2018, and is pleased to report that the survey is in fact being provided to program participants. The requirement for using the new CNA has also been placed in the policy manuals covering the community based services program. During FY2018, DRNM continued to push the state to consistently implement the new CNA, and answered questions from the community about the need for and purpose of the new assessment tool. PAIR/DRNM expects to continue to work on many individual cases regarding disputes over the correct implementation of the CNA, and has generally been able to correct problems with the CNA when we catch them. Our agency is pleased that all participants now have the opportunity to qualify for the full array of services necessary to meet their needs and protect their health and safety. Further, PAIR/DRNM will continue to consider options for improving the CNA process. As a result of PAIR/DRNM efforts, Many thousands of people with disabilities will receive Medicaid services that had been functionally unavailable to them previously. Public Comment: The Medicaid system under which ABCB and SDCB services are provided is known as Centennial Care in New Mexico. Centennial Care is due to be renewed by CMS this year. As part of that renewal, the state has proposed a number of significant changes to Centennial Care that are scheduled to take effect in early 2019. These proposed changes, including caps on available services and co-pays charged to program participants would directly impact people with disabilities receiving Medicaid services and living in the community. DRNM submitted public comments concerning the changes to Centennial Care throughout FY18, starting in November 2017 and ending with our analysis of the latest changes in September 2018. The comments submitted by DRNM has helped to improve the Medicaid system that New Mexicans will utilize going forward. DRNM is committed to monitoring the implementation of Centennial Care 2.0 beginning in January of 2019.Direct Care Task Force: One of the significant challenges that the State of New Mexico faces is the shortage of adequately trained and compensated direct care workers to provide government funded community based services for individuals with disabilities. Hiring and retaining the caregivers who provide critical community based services is difficult due to an ongoing shortage of funds within our state government. These problems are compounded in the state’s rural areas, where the availability of service providers is further limited. In February 2017, the New Mexico Legislature passed a memorial (Senate Joint Memorial 6) forming a task force to study issues affecting direct care workers in the state. A DRNM attorney is participating on this task force, which will review and make recommendations concerning a number of issues, including implementation of federal protections under the Fair Labor Standards Act and promoting a stable and adequate workforce to meet the needs of growing populations of seniors and persons with disabilities in New Mexico. After a series of lengthy meetings and discussions during FY2017, The task force submitted its first report to the legislature on October 15, 2017. The focus of that report was suggestions to stabilize a highly volatile direct care workforce. The task force then submitted a second report in October 2018 that contained ideas to strengthen and broaden the pool of direct care service providers in the future. The issues under examination by the task force bear directly upon the quality and availability of direct care services provided to DRNM/PAIR constituents throughout the state. Thousands of New Mexicans with disabilities receive government funded community based services that enable them to live in their homes and thrive in their communities. It is essential that the number of direct care workers continue to grow to meet the expanding needs of individuals with disabilities in the state of New Mexico. DRNM participated in this important endeavor throughout FY2018. State Independent Living Council: On June 14, 2018, Governor Martinez appointed a DRNM attorney to serve on the Statewide Independent Living Council. The Council helps develop and implement the State Plan for Independent Living, and advocates for self-determination and full access to the community for people with disabilities in the state of New Mexico. DRNMs term on the Council runs until December 2019, and during that time the agency will continue to strongly advocate for fully integrated community settings and universal opportunity for independent living on behalf of New Mexicans with disabilities. Guardianship/self-determination: A DRNM attorney serves on the New Mexico Supreme Court Ad Hoc Rules Committee advocating for the rights of people with disabilities. Most recently, DRNM advocated for and participated in drafting a much more robust and informative Notice of Hearing and Notice of Rights, which respondents to guardianship proceedings must receive before a guardianship petition may be granted. DRNM also continues to advocate for the rights of individuals with disabilities who are subject to guardianship through the New Mexico Guardianship Association (NMGA). DRNM sits on the Board of NMGA and serves in the legislative, education/training, and symposium committees.
|1. Number of individuals potentially impacted by changes as a result of PAIR litigation/class action efforts||0|
|2. Number of individuals named in class actions||0|
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.
There were no litigation/class action activities for FY18.
For each of your PAIR program priorities for the fiscal year covered by this report, please:
Priority A. Investigate allegations of abuse and neglect. 1. Decrease the abuse, neglect and exploitation of people with disabilities by improving the practices of programs and facilities in congregate settings for people with disabilities and/or where there are significant allegations of abuse, neglect or exploitation 2. Individuals with disabilities are subject to abuse or neglect at a higher rate than non-disabled individuals, and addressing allegations of abuse or neglect is a core function of protection and advocacy agencies. 3. Indicator: Conduct investigations of alleged or suspected abuse or neglect where there appears to be a pattern or recurrence of significant abuse or neglect, where there has been a death or life-threatening injury, or where the alleged abuse or neglect is particularly egregious, and produce reports/recommendations as appropriate. 4 . Collaboration: DRNM encourages other agencies and organizations to make referrals to us. We typically conduct investigations on our own, but in some circumstances we attempt to collaborate with Children’s Protective Services or Adult Protective Services. 5. The referrals we received and the investigations we conducted in FY 2018 involved persons with developmental disabilities or mental illness who were not eligible for PAIR services. We did not have any PAIR cases in this priority this year. 6. Case summary: N/A Priority B. Facilitate access to community-based services 1. Increase the number of individuals with disabilities who receive appropriate, high quality community-based services that enable them to live productively and independently in community settings. 2. Medicaid-supported community-based services allow persons with significant disabilities to live in and interact with their communities in fully integrated settings and avoid nursing home placement, but the level of services offered is often inadequate for the needs of the client. 3. Indicator: The number of cases in which PAIR assisted individuals in need of long term services, including those who choose to self-direct services, who have been denied access to such services, or for whom the level of services offered or provided is grossly inadequate. 4. Collaboration: DRNM collaborated with many other agencies in conjunction with this priority. We informed other legal service agencies and other disability advocacy organizations about our work and accepted referrals from them. This was reinforced by our collaborative efforts with other disability rights groups to promote systemic changes related to these services. 5. PAIR staff worked on 11 cases under this objective. 6. Case example: Priority C. Provide input into proposed public policy changes affecting services to persons with disabilities. 1.Review and comment on proposed regulatory changes in Medicaid or other public programs that would have a significant effect on eligibility, benefits, or procedural protections for persons with disabilities. 2. State regulations and other policies establish systems and procedures that have a major impact on persons with disabilities, and unfortunately very few other disability organizations monitor and comment on proposed changes. As a result, the community depends on DRNM to do so. DRNM has created a network for informing the community regarding these policies. 3.Indicator: the number of comments submitted on proposed regulatory changes in Medicaid or other public programs that would have a significant effect on eligibility, benefits, or procedural protections for persons with disabilities. 4. Collaboration: DRNM worked closely with The Disability Coalition to track and disseminate information about proposed changes to Medicaid regulations. We also worked with other legal service organizations such as the Senior Citizens’ Law Office and Pegasus Legal Services for Children. 5. Number of cases: This priority does not involve individual casework but we submitted comments on a number proposed state regulations affecting persons eligible for PAIR services. 6. DRNM submitted comments concerning a number of programs impacting individuals receiving PAIR services, including: the renewal of the Centennial Care Medicaid program; proposed changes to the self-directed Medicaid program that would unduly cap the availability of services; proposed regulations that cover the seclusion and restraint of children with disabilities in public schools. D. Promote self-determination. 1. Promote the least restrictive level and form of substitute decision-making necessary, and provide assistance to protected persons with a Representative Payee or under guardianship, including treatment guardianship, where the Representative Payee or guardian appears to be arbitrary or non-responsive to the reasonable preferences of the protected person, fails to meet their fiduciary responsibilities, or appears to abuse their authority. 2.The decision-making process and the right to self-advocacy for many individuals with disabilities is negatively impacted by restrictive or unnecessary substitute decision-making. Persons with disabilities often become more capable of making their own choices as they get older and gain more experience, or their disability is ameliorated, but once a substitute decision-maker has been appointed it is often a difficult and arduous process to change that arrangement. 3. Indicators of success: number of individual cases taken, number of cases closed successful. 4. Collaboration with other groups: In addressing this priority area, DRNM collaborates with the DDPC Office of Guardianship, the NM Guardianship association, and with other civil legal service provider agencies that are involved in this area. We also collaborate with centers for independent living. 5. We had 2 cases under this priority utilizing PAIR funding. 6. Case examples: Priority E 1. Pursue personal injury, wrongful death or serious civil rights violation litigation where there is a clear opportunity to improve the practices of a provider or public service agency, private co-counsel is available, and fees may be available. 2. Often, individuals are harmed by a denial of services, poorly delivered services or neglect of the needs of individuals with disabilities. 3. Number of cases resolved where there is clear opportunity to improve the practices of a provider or public service agency. 4. All cases under this priority will be undertaken in collaboration with private co-counsel. 5. The case DRNM took under this priority in FY 2018 involved a client with mental illness who is not eligible for PAIR services. We did not have any PAIR cases in this priority this year. 6. Case summary: N/A Priority F. Special Education 1.Facilitate access to appropriate special education and behavioral support services 2. Educate and empower transition-aged students and families regarding their rights under the Workforce Innovation and Opportunity Act (WIOA) by conducting workshops on transition planning for students 14-22 years of age who have 504 Plans or IEPs. 3. Indicators: Number of children/students with disabilities who, with DRNM assistance, receive the full array of educational opportunities available to non-disabled peers under an IEP or a 504 plan. 4. PAIR staff continue to collaborate with the state’s parent training center and several other special education advocates and programs, including the Native American Disability Law Center. 5. PAIR staff worked on 2 cases under this objective. 6. Case example: The client's mom contacted DRNM because the school district (San Jon Municipal Schools) had changed her child’s placement without the proper procedural safeguards under IDEA. The school had indeed placed the client in a "home-bound" setting, without any home-bound services. The school district opposed the client enrolling for his freshman year of high school as well. DRNM wrote a State Complaint to New Mexico's Public Education Department (PED). The Complaint resulted in a very favorable Corrective Action Plan including compensatory services, psychological testing, and re-training of staff and school administrators. Because of DRNM involvement, the San Jon School District will receive extensive re-training so other students aren't negatively affected by violations of procedural safeguards.
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:
Priority A 1. Conduct investigations of alleged or suspected abuse or neglect where there appears to be a pattern or recurrence of significant abuse or neglect, where there has been a death or life-threatening injury, or where the alleged abuse or neglect is particularly egregious, and produce reports/recommendations as appropriate. 2. Individuals with disabilities are subject to abuse or neglect at a higher rate than non-disabled individuals, and addressing allegations of abuse or neglect is a core function of protection and advocacy agencies. 3. Conduct investigations of alleged or suspected abuse or neglect where there appears to be a pattern or recurrence of significant abuse or neglect, where there has been a death or life-threatening injury, or where the alleged abuse or neglect is particularly egregious, and produce reports/recommendations as appropriate. Priority B 1. Pursue personal injury, wrongful death or serious civil rights violation litigation where there is a clear opportunity to improve the practices of a provider or public service agency, private co-counsel is available, and fees may be available. 2. Often time individuals are harmed by a lack of poor services, a denial of services, or neglect of the needs of individuals with disabilities. 3. PAIR staff will look at cases where there is clear opportunity to improve the practices of a provider or public service agency. Priority C 1. Assist individuals in need of long term or other community-based services, including those who choose to self-direct services, who have been denied access to such services, or for whom the level of services offered or provided is grossly inadequate. 2. Medicaid-supported community-based services allow persons with significant disabilities to live in and interact with their communities in fully integrated settings and avoid nursing home placement, but the level of services offered is often inadequate for the needs of the client. 3. PAIR will advocate for individuals in need of long term community-based services, including those who choose to self-direct services, who have been denied access to such services, or for whom the level of services offered or provided is inadequate. DRNM/PAIR will continue to advocate for Medicaid services to be delivered in community settings that are fully integrated. Priority D 1. Self-determination - Persons with disabilities have control over the decisions that affect them. 2. Promote the right of individuals with disabilities to make their own decisions as much as possible, including the use of processes such as “Supportive Decision-Making”. Where substitute decision-making is necessary, promote the least restrictive level and form. 3. Provide assistance to protected persons with a Representative Payee or under guardianship, including treatment guardianship, where the Representative Payee or guardian appears to be arbitrary or non-responsive to the reasonable preferences of the protected person, abuse their authority, or fail to meet their fiduciary responsibilities Priority E 1. Special education under IDEA and equal access under section 504 to facilitate access to appropriate education services. 2. Many children with disabilities have IEPs that are not properly and reasonably implemented. Many school districts demonstrate a pattern of inadequate compliance with state and federal special education requirements that result in children not receiving the educational services they are entitled to. 3.A. Advocate for students with IEPs or 504 plans that are wholly or substantially inadequate or whose substantial lack of implementation by their local school districts keeps the student from benefiting from special education. 3.B. Pursue systemic change strategies such as supporting family organizing efforts and pursuing group complaint strategies against school districts with a pattern of violations of state and/or federal law. 3.C. Advocate for students who may be eligible for special education services but have been denied evaluations due to their placement in a prolonged Student Assistance Team (SAT) process, or who have been denied their right to a due process hearing after requesting an evaluation. Priority F 1. Pursue litigation on behalf of individuals or groups where there is an on-going violation of Title III of the ADA and an opportunity for systemic impact benefit to a significant number of persons with disabilities, when DRNM has the staff and other resources needed to pursue such cases. 2. There are very few legal resources in New Mexico to assist with cases that have a systemic impact for a significant number of individuals with disabilities. Cases are often not accepted since legal providers don’t have the resources to pursue this type of litigation further. 3. PAIR will pursue ADA claims that have the likelihood of success for many. Priority G 1. Provide technical assistance, self-advocacy assistance, or limited individual advocacy assistance to individuals with disabilities who are denied access to public places, including public accommodations, based on their use of a service animal (but not a companion or comfort animal). 2.These requests are usually resolved with a phone call and a letter, and PAIR has been the only resource in New Mexico for these types of issues. 3. These case will be limited services in and assigned as short-term since they usual involve education an entity regarding their obligations under ADA. Priority H 1. Review and comment on proposed regulatory changes in Medicaid or other public programs that would have a significant effect on eligibility, benefits, or procedural protections for persons with disabilities. 2. State regulations and other proposed program changes establish policies and procedures that have a major impact on persons with disabilities, and unfortunately very few other disability organizations monitor and comment on these proposals, so the community depends on DRNM to do so. DRNM has created a network for informing the community regarding these policies. 3. DRNM/PAIR will submit comments on proposed regulatory changes in Medicaid or other public programs that would have a significant effect on eligibility, benefits, or procedural protections for persons with disabilities.
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.
A. Source of Funding in FY 2017, the PAIR grant award to DRNM was $171,598. PAIR expenditures totaled $148,879, of which $12,821 was the balance of FY 2017 PAIR funding and $136,058 was from FY 2018 PAIR award. A total of $35,540 was carried forward to FY 2019. There was no program income earned or expended in FY 2018. B. 2018 Expenses Budget Salaries 94,751 107,478 Fringe benefits 21,486 27,089 Travel 2,220 3,567 Supplies/mat. 1,144 1,092 Office space 8,028 7,716 Telephone 2,515 1,671 Printing/copy 709 904 Other operating 4,997 7,324 Admin. Costs 13,028 14,762 TOTAL 148,878 171,603 C. PAIR staff positions in FY 2018: Advocate staff-1.02 FTE; Attorney staff-0.71 FTE; Support staff-0.27 FTE; Supervisor staff-0.13 FTE; TOTAL PAIR staff-2.13 D. DRNM does not maintain an advisory board or committee for the PAIR program, but staff work closely with a number of consumer and family groups and advocacy organizations involved with the constituencies served by PAIR. The DRNM CEO serves as member of the Disability Coalition, a statewide group of organizations and individuals advocating for persons with disabilities. The Disability Coalition includes representation from two of the state’s Independent Living Centers as well as the state DD Planning Council, The Arc of New Mexico and DRNM. The Governor’s Commission on Disability is an Advisory member of the group. DRNM's CEO, Gary Housepian, has established regular meetings with the other legal services agencies in New Mexico, including the Center on Law and Poverty and NM Legal Aid, to discuss emergent issues, areas in which we can collaborate, and issues for which the agencies will refer clients to each other. The DRNM CEO is also an active participant in New Mexico's Commission on Access to Justice, to increase access to legal services through collaboration. DRNM/PAIR staffs also serve on the SILC, and both SRCs in New Mexico. E. Grievances filed under the grievance procedure -there were no grievances filed in the PAIR program in FY 2018. F. Coordination: DRNM is the state’s designated CAP program, so collaboration between PAIR and CAP, as well as other DRNM programs, occurs routinely within the agency. DRNM also collaborates with the Long-Term Care Ombudsman program, which is housed in the state Aging and Long-Term Services Department (ALTSD).
|Signed By||Gary Housepian|