Introduction

     The Disabilities Law Program ("DLP") of the Community Legal Aid Society, Inc. (CLASI) provides services to individuals consistent with the following authorizing legislation:

1. Protection & Advocacy for Individual Rights (PAIR);
2. Protection & Advocacy for Individuals with Mental Illness (PAIMI);
3. Protection & Advocacy for Individuals with Developmental Disabilities (PADD);
4. Protection & Advocacy for Assistive Technology (PAAT); and
5. Protection & Advocacy for Beneficiaries of Social Security (PABSS);
6. Protection & Advocacy for Individuals with Traumatic Brain Injury (PATBI);and
7. Protection & Advocacy for Voting Access (PAVA).

     This document defines the priorities for FY 2008 (October 1, 2007 - September 30, 2008) of the first component, PAIR.

The focus of the PAIR program is to provide services to individuals with disabilities ineligible under traditional advocacy projects, i.e., PAIMI, PADD, and client assistance programs (CAPs). See 29 U.S.C. §794e(f). However, federal law envisions that the PAIR will coordinate advocacy with such organizations as well as the Long-term Care Ombudsman.

     In deference to this mandate, the PAIR program closely coordinates with the DLP's PAIMI and PADD components as follows:

1. PAIMI, PADD, and PAIR program priorities are designed to be complementary;
2. intraoffice referrals among programs are routinely made to ensure that applicants are screened for eligibility by the appropriate DLP subdivision;
3. reference materials and training resources are routinely shared; and
4. the DLP Legal Advocacy Director coordinates advocacy across the three programs to minimize duplication of effort.

     Likewise, the CAP director serves on the DLP's PAIR advisory council and the DLP supplements CAP advocacy in the vocational rehabilitation context as follows:

1. DLP staff member serves as the Vice-Chair of the Dept. of Labor's Division of Vocational Rehabilitation ("DVR") advisory council;
2. DLP staff serve on the DVR Client Services Policy Committeee;
3. DLP staff member serves on the DHSS State Rehabilitation Council of the Division of the Visually Impaired; and
4. DLP and CAP Directors serve together on the State's special education council, the Governor's Advisory Council for Exceptional Citizens:
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 vocational rehabilitation system on request.

     Finally, 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; and
3. DLP staff and the Ombudsmand participate in monthly meetings of the State Nursing Home Residents Quality Assurance Commission.
4. DLP Project Director and Ombudsman participate in monthly meetings of the State Council for Persons with Disabilities Housing Committee.
5. DLP Project Director and Ombudsman serve together on State Council for Persons with Disabilities Policy & Law Committee which acts on DLP’s monthly critiques of legislative, regulatory, and policy initiatives.

     The scope of PAIR program advocacy includes a broad array of activities, including information and referral, counseling and technical assistance, community education, negotiation, litigation, and legislative and regulatory analysis. Given relatively modest funding, the PAIR program is guided by these priorities in determining the type and scope of services provided to eligible constituents.

I. ACCESSIBILITY

GOAL:

The PAIR program will promote and facilitate access to governmental programs and public accommodations.

OBJECTIVES:

1. 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.
2. 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:

1. As a result of DLP intervention, 30 persons will secure equal or improved access to governmental services or public accommodations.
2. As a result of DLP intervention, 10 laws, regulations, policies or other barriers to government services or public accommodations will be eliminated or reduced.

RATIONALE:

This priority encompasses enforcement of both Titles II and III of the ADA, as well as Delaware’s equal accommodations law, Title 6 Del.C. Ch. 45. Legislation [S.B. No. 41] enacted effective July 5, 2006 expanded the scope of Delaware’s equal accommodation law. The legislation is expected to result in increased demand for representation in enforcement actions. 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 managed care system. Access to basic health care is a high priority among PAIR constituents and Delaware's Medicaid MCOs have historically denied, in whole or part, valid claims for services. Moreover, federal program changes and increasing Medicaid costs have prompted DHSS to propose Medicaid services limitations. The DLP expects to support implementation of a Medicaid Buy-in program included in the DHSS FY 09 budget. The DLP also will serve on the Money Follows the Person Coalition to support submission of a plan to CMS by February 2008. The DLP will serve on the newly-formed Advisory Council for a CDC gran program to develop a strategic plan to address health and disability issues in Delaware. The project is titled "Core of the State Implementation Project for Preventing Secondary Conditions and Promoting the Health of People with Disabilities. The DLP anticipates continuing efforts to promote adoption of Insurance Commissioner-sponsored health insurance rate regulation legislation and health insurance pool legislation (S.B. Nos. 37 and 6). Apart from health care, the DLP routinely receives requests for assistance with "safety-net" income-maintenance programs (e.g. preservation of SSI in State child support reimbursement context). The DLP expects to collaborate with the State ADA Coordinator to address significant physical and program accessibility barriers within the Department of Correction system. The DLP will continue to offer support to the State monitoring team promoting access to improved health care within the Dept. of Corrections in implementation of a December 2006 DOJ settlement. Finally, the DLP anticipates collaboration with the SCPD in development of statewide uniform construction code legislation.

In the private sector, the DLP anticipates addressing complaints regarding both policy and physical barriers to community integration.

Selected long-term care concerns will be addressed in both public and private sector contexts.

GOAL:

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

OBJECTIVES:

1. Collaborate with advocacy organizations and councils [e.g. Elderly & Disabled Transportation Advisory Council (EDTAC); State Council for Persons with Disabilities (SCPWD); ADAPT; Riders' Union] to promote improvement in Delaware paratransit system through both systemic and individual constituent advocacy.
2. Collaborate with the State Council for Persons with Disabilities (SCPWD) to promote:
   • consumer-oriented motor vehicle license, operation and parking laws, regulations, and policies;
   • safety-related transportation laws, regulations, and policies to prevent or reduce injuries resulting in disability; and
   • implementation of Federal Dept. of Justice, DLP, and DelDOT 2004 agreement to install curb cuts required by ADA.
3. Provide direct advocacy services to individuals prevented from effectively accessing public and private vehicular transportation systems or otherwise experiencing significant barriers to travel contrary to Federal or State law.

OUTCOME INDICATORS:

1. As a result of DLP intervention, 10 persons will secure equal or improved access to public transportation.
2. As a result of DLP intervention, 5 laws, regulations, or policies will be changed or barriers to transportation eliminated or reduced.

RATIONALE:

This priority is intended to facilitate travel both within the State and to regional transportation centers. Advocacy contexts would include improving the public transportation system (including DelDOT paratransit capacity, policies, and practices); promoting the availability of accessible parking; and enhancing pedestrian travel through barrier removal (e.g. curb cuts). The DLP anticipates continued participation in Logisticare advisory committee to facilitate consumer-oriented access to Medicaid-funded transportation. Since many long-term injuries are transportation-related, the DLP also envisions addressing safety related laws and regulations (e.g. motorcycle and bicycle helmet legislation (S.B. Nos. 46 and 174 respectively). Transportation affects access to employment, medical services, shopping, and recreation.

III. HOUSING; INDEPENDENT LIVING

GOAL:

The PAIR program will promote freedom from disability-based discrimination in housing and the reduction of barriers to independent living.

OBJECTIVES:

1. Provide direct advocacy services to constituents aggrieved by significant violations of fair housing laws.
2. Collaborate with the SCPD to promote the availability of independent living supports (e.g. attendant services; home health services; home modifications; caregiver services, and public financial incentives).

OUTCOME INDICATORS:

1. As a result of DLP intervention, 20 persons with disabilities will secure equal access to or maintain housing or independent living supports.
2. As a result of DLP intervention, 10 laws, regulations, or policies will be changed or other barriers to housing eliminated or reduced.

RATIONALE:

This priority addresses both enforcement of fair housing laws and promotion of the availability of community-based housing options. For example, the DLP envisions addressing both individual housing discrimination complaints and, in conjunction with the State Council for Persons with Disabilities, systemic barriers to independent living. For example, the DLP envisions collaboration with the State Council for Persons with Disabilities to address Medicaid waiver initiatives, including development of an ABI waiver. The DLP typically protects client rights to reasonable accommodations by landlords and freedom from discrimination in the housing application context. Clients in institutions (e.g. DHCI) also benefit from advocacy support to facilitate discharge to community-based settings. Lack of access to community-based housing results in homelessness, resort to substandard living arrangements, and over-institutionalization, contrary to federal policy as confirmed in the President’s June 19, 2001 Executive Order No. 13217: Community-Based Alternatives for Individuals with Disabilities and reaffirmed by the President’s Statement on the New Freedom Initiative (February 1, 2006 Press Release). The DLP contemplates advocacy to deter adoption of restrictive zoning laws and practices by local governments. The DLP also envisions continued participation in the Governor’s Commission on Community-based Alternatives for Individuals with Disabilities and the Commission’s Housing Committee established by Executive Order 50 [7 DE Reg. 678 (September 29, 2003)] to support implementation of the Commission’s July 17, 2007 report and recommendations. Finally, the DLP plans to continue participation in Delaware Nursing Home Residents Quality Assurance Commission meetings which address both nursing home regulation and civil rights of residents.

IV. AUTONOMY

GOAL:

The PAIR program will promote constituent autonomy and self-assurance through training, information dissemination, and assistance with substitute or advance consent documents.

OBJECTIVES:

1. Offer individual technical assistance and information and referral services on substantive disability law (e.g. employment, housing, public benefits) and enforcement options.
2. Offer group training on substantive disability law, enforcement options, and self- advocacy.
3. If not readily available through other agencies, assist with preparation of a limited number of routine advance directives, powers of attorney, and similar authorizing documents.

OUTCOME INDICATORS:

1. The DLP will provide information and referral services to 175 individuals and agencies.
2. The DLP will provide training to 10,000 individuals through articles, seminars, and other training events, and dissemination of training materials.
3. The DLP will prepare a minimum of 10 powers of attorney, advance directives, and similar authorizing documents.

RATIONALE:

This priority encompasses the provision of individual technical assistance as well as group training activities. For example, the DLP anticipates presentation of seminars, drafting articles, upgrading its Website, and other information dissemination activities to promote informed constituent decision-making and empowerment. An informed constituency is confident, self-reliant, and enabled to engage in proactive advocacy. The DLP leverages resources through wide dissemination of information and advice to consumers.

     Recognizing that the demand for assistance has historically outstripped available resources, the following factors will be considered in determining the level and type of services to be offered to an eligible applicant:

1. potential impact on client;
2. merits of case (both factually and legally);
3. realistic alternate sources for referral and assistance;
4. applicant's ability to self advocate; and
5. potential impact on other constituents or systems.