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2010 Priorities by Team
****Traumatic brain injury (TBI) is not listed as a funding option under individual priorities because the TBI priority is to accept cases of individuals with TBI in accordance with the DLC priorities and mandates.
Education Team Priorities
1. General Education Priority - PADD, PAIMI, PAIR
Rationale:
Based on intakes, previous priority setting meetings and the mandates as a Protection and Advocacy Center, DLC has identified these 4 sub-priorities as being of critical importance. Harsh disciplinary practices, lack of appropriate transition services, failure to include students with disabilities in regular education and incidents of abuse and neglect usually result from lack of teacher training and support, as well as lack of knowledge of best practices in educational methodology. Bringing advocacy efforts which focus on the underlying reasons for these problems is best done on both an individual student and systemic level.
Priority Strategies:
1. Representation: provide aggressive individual advocacy by assisting clients at Team meetings, mediations and hearings before the Bureau of Special Education Appeals.
2. Collaboration: work collaboratively with legal services and private law firms to address systemic issues through legislation, policy and litigation.
Outcome Measures:
1. Number of students represented to obtain meaningful relief in each of the sub-priority areas.
2. Number of coalition meetings attended and related policy, legislation or litigation accomplishments.
Case Selection Criteria:
1. Special education students who are being illegally excluded, not included in regular education, are subject to abuse and neglect or have not received appropriate transition services.
2. FAPE Priority - PAIR
Rationale:
Studies have documented that parents of special education students of diverse racial backgrounds have less training and knowledge about their rights than their Caucasian counter-parts.
Priority Strategies:
1. Pursuant to the grant received from the Massachusetts Bar Foundation, DLC will provide trainings across the state on special education transition law with parents of diverse racial backgrounds as the primary targeted audience.
Outcome Measures:
1. Number of parents trained
Case Selection Criteria:
Not applicable
3. Effective Access and Communication Priority – PAIR
Rationale:
Meeting the special education access and communication needs of deaf and hard of hearing students or blind or visually impaired students is complex, whether a student is placed in a public school or a specialized setting. For this reason, many students do not receive appropriate services and are unable to communicate effectively. The decision as to the most appropriate placement should be based on the educational needs of the student. While it is certainly desirable to place impaired students in the local school district setting, qualified teachers with specialized knowledge of instructional methodologies, training and experience, and required certifications may not be available in a school district. In these situations, short or long term placement at a specialized school may be needed to provide the most appropriate and essential educational services for the student. Every case must be considered individually to ensure the best possible outcome and placement.
Priority Strategies:
1. Representation: provide aggressive individual advocacy by assisting clients at Team meetings, mediations and hearings before the Bureau of Special Education Appeals.
Outcome Measures:
1. Number of deaf or hard of hearing or blind or visually impaired students represented to obtain meaningful relief.
Case Selection Criteria:
Deaf or hard of hearing students or blind or visually impaired students who are not receiving specialized education services necessary for them to receive FAPE.
4. DD Network Priority – PADD · Work to implement the DD Network’s strategic plan that ensures that the Massachusetts DD Network (DLC, DDC, ICI & Shriver) works together to make sure that individuals with developmental disabilities and their families are aware of the services each organization provides individually and together as a Network. · Provide training, support, and technical assistance to Massachusetts Advocates Standing Strong (MASS), a statewide peer advocacy organization for individuals with cognitive impairments, and/or other consumer organizations engaged in peer advocacy efforts.
Rationale:
The Massachusetts DD Network works collaboratively on a variety of issues that affect the lives of people with developmental disabilities and their families. For example, each member of the Network provides some type of assistance to Massachusetts Advocates Standing Strong to increase their organizational capacity and remain a strong organization for peer advocates. Developing a strategic plan will provide an opportunity for the Network to collaborate on priorities to achieve our goals and use our resources more wisely.
Priority Strategies:
1. Implement DD Network Strategic Plan
2. Maintain the joint website that explains each organization and links to each other’s websites.
Outcome Measures:
1. Benchmarks within the Strategic Plan are implemented.
2. Number of times accessible website is accessed.
Case Selection Criteria:
1. No cases will be accepted under this priority.
5. PATBI Clients Priority – PATBI
Rationale: Until such time the requests for representation exceed DLC’s capacity, DLC has made a commitment to represent any individual with TBI, including Veterans with TBI, who have a legal issue consistent with DLC’s mission and mandates. DLC has a collaborative relationship with Massachusetts Brain Injury Association and will work with MBIA and the larger TBI community to develop priorities for case work when it becomes necessary. Priority Strategies
1. Represent individuals with TBI in legal matters which are consistent with DLC's mission and mandates.
2. Provide education and training for individuals with TBI and service providers on legal issues impacting the rights of individuals with TBI to live independently in the community.
Outcome Measures
1. Number of people with TBI represented in discrimination and other cases related to their TBI.
Case Selection Criteria:
1.
Individuals with TBI facing discrimination or abuse and neglect in
the community.
1. Appropriate Treatment Priority – PADD, PAIMI
Rationale:
To increase the number of individuals with disabilities, including children and adolescents who have adequate discharge planning to community placement with appropriate supports, and to ensure the right of individuals with disabilities to fully participate and exercise leadership in decisions about their care, treatment and discharge planning, including their rights related to admission, informed consent and appropriate medical and psychiatric treatment and services, and to increase the number of Medically Ill/Mentally Ill (MIMI) beds in the community in order to increase the number of psychiatrically stable individuals to be discharged to the community, and to promote community integration.
Priorities Strategies:
1. Provide discharge advocacy for individuals with developmental and psychiatric disabilities, including children and adolescents who currently reside in inpatient facilities and residential programs; and to ensure that discharge planning is client directed and that the individual’s right to provide or withhold consent regarding treatment and services is respected.
2. Monitor the creation and supply of appropriate community placements for all individuals, including those who require specific care and services.
Outcome Measures:
1. Number of individuals for whom DLC provides discharge advocacy, including individuals for whom DLC reviews medical records, provides technical assistance, informal advocacy or legal representation.
Case Selection Criteria:
1. Individuals who are clinically ready for discharge from a facility or residential program who are being denied discharge either because of lack of appropriate community placements, or because the facility or residential program disagrees with the client-directed discharge plan.
2. Facilities Abuse and Neglect Priority – PADD, PAIMI, PAIR
Rationale:
Many individuals with disabilities in facilities and residential programs, including children and adolescents, are not fully aware of their rights to be free from abuse and neglect. Additionally, many of those who are aware that they do have rights do not understand the often complicated processes to have their allegations investigated and remedied. Virtually all allegations of abuse and neglect of individuals with disabilities are investigated by involved government agencies and service providers that lack independence and impartiality. In addition, because of budget reductions, resources and expertise devoted to investigating abuse and neglect may be insufficient.
Priorities Strategies:
1. To ensure access for individuals with mental illness in facilities and residential programs to adequate and appropriate health, dental and mental health care.
2. Provide monitoring and analysis of investigation of abuse and neglect allegations, including incidents of restraint and seclusion, conducted by providers, guardians, and state agencies, including hospital emergency departments, and advocate for changes in policies and practices to increase the effectiveness of the investigation of administrative complaints.
3. Conduct direct, independent investigations into allegations of abuse or neglect, including incidents of restraint and seclusion, of individuals with disabilities. Additionally, assist consumers in appealing inadequate investigations and corrective action plans.
4. Review the mortality reports of all individuals in Massachusetts who die while receiving inpatient or residential mental health services from the Department of Mental Health or the Department of Mental Retardation. Where appropriate, request that the Department of Mental Health or the Department of Mental Retardation investigate cases in which DLC has probable cause to believe that agency action or inaction was a factor in the individual’s death.
5. Review selected death investigations, request additional fact-finding as needed and monitor the implementation of required corrective action plans.
6. Conduct outreach and trainings to consumers of mental health services and peer support organizations of the right to be free from abuse and neglect as well as working to ensure the autonomy of Human Rights Officers in Public and Private Psychiatric Facilities.
Outcome Measures:
1. Number of complaints of abuse and neglect reviewed and investigated.
Case Selection Criteria:
1. Cases in which there is an allegation of abuse and or neglect of a person with disability in a facility.
2. Cases involving deaths that appear to have been directly or indirectly caused by the act or omission of a facility or residential program
3. Human Rights Priority – PAIMI
Rationale:
Many individuals residing in facilities and residential programs are not fully aware of their rights or do not feel empowered to seek enforcement of those rights, or that their access to privileges is linked to their accepting treatment. In addition, many individuals who are committed voluntarily or involuntarily to public or private psychiatric facilities are prevented from having access to fresh air while they are hospitalized.
Priority Strategies:
1. Provide regular outreach and training regarding the Five Fundamental Rights to the Department of Mental Health, human rights officers, consumers, and staff at state and private facilities and residential programs.
2. Represent individuals, including children and adolescents, in facilities and residential programs, who are seeking to exercise their fundamental rights and access to increased privileges, including access to fresh air.
3. To explore advocacy strategies, including legislation, to make the enforcement of the Five Fundamental Rights more effective.
Outcome Measures:
1. Number of individuals represented and accessing their rights and appropriate privileges.
Case Selection Criteria:
4. Prison Segregation Priority – PAIMI · Ensure that people with disabilities in correctional facilities are not placed in segregation units and they receive necessary treatment.
Rationale:
Prisoners with psychiatric disabilities are routinely separated from the general population and placed in segregation units often without access to necessary treatment. These conditions cause prisoners often to engage in self-injurious behaviors, which too often are fatal.
Priority Strategies:
1. DLC will continue its litigation to prevent the prolonged isolation of prisoners with serious mental illness in segregation units at DOC facilities.
2. Depending on the results of the investigation, DLC will communicate with the Commissioner of the Department of Corrections to request corrective actions.
Outcome Measures:
1. Trial or settlement of pending litigation resulting in systemic change to DOC practices and creation of alternative treatment units.
Case Selection Criteria:
1. No new cases may be accepted but individual cases will be followed as part of ongoing advocacy and may be referred to other agencies.
5. Mental Illness and Deaf/Hard of Hearing Priority - PAIMI
Rationale:
Although the ADA and other federal and state laws require health care providers to provide effective communication, including American sign language interpreters, TTYs, and closed-captioned TVs, to people who are Deaf and Hard of Hearing, many such people are denied communication access in health care settings. As a result of the denial, they are severely limited in their ability to communicate with health care providers and may be misdiagnosed or receive inadequate treatment.
Priority Strategies:
1. Provide training to people in the Deaf community concerning their right to effective communication in health care settings.
2. Provide legal representation to Deaf and Hard-of-Hearing people who have been denied effective communication in hospitals and other health care settings.
3. Negotiate settlements with providers that include establishment of a written policy concerning communication access for Deaf and Hard of Hearing people, including staff training.
Outcome Measures:
1. Number of Deaf people who are trained in their rights to effective communication in health care settings.
2. Number of people represented in discrimination cases involving health care providers.
Case Selection Criteria:
1. People who are Deaf or hard-of-hearing who have been denied an interpreter or other means of communication by a health care provider, including hospitals, community health service providers, and private medical providers.
6. DD Network Priority – PADD · Provide training, support, and technical assistance to Massachusetts Advocates Standing Strong (MASS), a statewide peer advocacy organization for individuals with cognitive impairments, and/or other consumer organizations engaged in peer advocacy efforts.
· Work to implement the DD Network’s strategic plan that ensures that the Massachusetts DD Network (DLC, DDC, ICI & Shriver) works together to make sure that individuals with developmental disabilities and their families are aware of the services each organization provides individually and together as a Network.
Rationale:
The Massachusetts DD Network works collaboratively together on a variety of issues that affect the lives of people with developmental disabilities and their families. For example, each member of the Network provides some type of assistance to Massachusetts Advocates Standing Strong to increase their organizational capacity and remain a strong organization for peer advocates. Developing a strategic plan will provide an opportunity for the Network to collaborate on priorities to achieve our goals and use our resources more wisely.
Priority Strategies:
1. Implement DD Network Strategic Plan
2. Maintain the joint website that explains each organization and links to each other’s websites.
Outcome Measures:
1. Benchmarks within the Strategic Plan are implemented.
2. Number of times accessible website is accessed.
Case Selection Criteria:
No cases will be accepted under this priority.
7. Emergency Preparedness Priority – PADD
Rationale:
Recent events such as September 11th and Hurricane Katrina reveal that the needs of individuals with disabilities are too often ignored. State and local government are obligated under the ADA and other laws to address the emergency preparedness needs of individuals with disabilities, but historically have not done so.
Priority Strategies:
1. Continue to work in collaboration with selected municipal and county governmental bodies to continue to develop a model guide for first responders using a train the trainers model.
2. Work with local and statewide officials in partnership with the disability community to ensure that all of the work done on emergency preparedness incorporates a people first perspective and includes meaningful and significant roles of members of the disability community.
Outcome Measures:
1. Number of people and organizations participating in the state-wide conference.
2. Number of effective advocacy strategies developed at the state-wide conference.
3. Number of state and local emergency preparedness processes improved by the participation of people with disabilities and their advocates.
Case Selection Criteria
DLC will not provide individual representation under this priority.
8. PATBI Clients Priority – PATBI
Rationale: Until such time the requests for representation exceed DLC’s capacity, DLC has made a commitment to represent any individual with TBI, including Veterans with TBI, who have a legal issue consistent with DLC’s mission and mandates. DLC a collaborative relationship with Massachusetts Brain Injury Association and will work with MBIA and the larger TBI community to develop priorities for case work when it becomes necessary. Priority Strategies
1. Represent individuals with TBI in legal matters which are consistent with DLC's mission and mandates.
2. Provide education and training for individuals with TBI and service providers on legal issues impacting the rights of individuals with TBI to live independently in the community.
Outcome Measures
1. Number of people with TBI represented in discrimination and other cases related to their TBI.
Case Selection Criteria:
1. Individuals in facilities or residential programs who are denied appropriate community placements, or who are otherwise abused or neglected, including restraint and seclusion, by providers, guardians and state agencies, or who are being denied their right to withhold or consent to treatment or services.
2. Individuals with TBI facing discrimination or abuse and neglect in the community.
Community Team Priorities
1. Community Civil Rights Priority – PADD, PAIMI, PAIR PAAT – Employment, Public Accommodations, Deaf Community, Housing
Rationale:
Priority Strategies
1. Identify important public accommodations that are not providing full and equal access to individuals with disabilities and pursue appropriate advocacy strategies to address the problem.
2. Maintain housing opportunities for persons with disabilities by enforcing the right to reasonable accommodation and other rights under federal and state law.
3. Provide individual representation for persons with disabilities who are experiencing discrimination in the hiring process or in their request for reasonable accommodation that would allow them to remain in the workplace.
4. Continue the development of I&R materials on employment and housing discrimination against people with disabilities, including materials on requesting reasonable accommodation, unlawful questions during interviews, and how to enforce rights under state and federal laws.
5. Participate in trainings and produce written materials for people with disabilities, attorneys, and advocates concerning the housing and employment rights of people with disabilities under state and federal laws.
Outcome Measures:
1. Number of individual cases handled regarding employment, housing and public accommodations discrimination.
2. Number of individuals trained.
Case Selection Criteria:
1. People with disabilities denied housing or whose Section 8 or other subsidized housing is being revoked for reasons related to disability.
2. People with disabilities denied reasonable accommodations in housing. Priority for review/potential representation will be given to those instances in which a person has made an accommodation request and the request has been denied.
3. People with disabilities being evicted from housing for reasons related to their disabilities who have been denied or are ineligible for representation by legal services.
4. People with disabilities discriminated against in the workplace because of their disability, either through a failure to hire or termination.
5. People with disabilities denied reasonable accommodation in the workplace. Priority for review/potential representation will be given to those instances in which a person has made an accommodation request and the request has been denied.
Other Employment Case Selection Guidance:
1. Intakes likely to go to case review for REVIEW: § reasonable accommodation request has been made and denied § termination of employment based on disability or failure to provide reasonable accommodation § failure to hire if the reason for the failure to hire is disability-related § preference for larger employers where DLC advocacy can potentially have a broader impact
2. Intakes likely to go to case review for SHORT TERM ASSISTANCE § caller has already filed MCAD/EEOC complaint or has a case pending in Superior or Federal court; § caller wants to know how to seek a reasonable accommodation; § caller does not have medical support for need for accommodation; § statute of limitations - is it too late to bring a case? (300 days); § MCAD or EEOC has found lack of probable cause, caller wants to know options, including right to sue letter; § intake meets priority but appears to lack merit; § caller only wants to sue for damages and does not want to keep or get back job; § constructive discharge - caller quit job due to hostile work environment.
Note: Consider PABSS funding for employment intakes where caller receives SSI/SSDI.
3. People with disabilities living in the community who allege that they have been denied full and equal access to a place of public accommodation or governmental service. Priority for review/possible representation if complaint involves large place of public accommodation or governmental entity which serves many people.
4. People who are Deaf or hard of hearing who experience housing discrimination because of their disability; who face employment discrimination because of their disability; who are denied effective communication, or reasonable accommodations to provide effective communication, in places of public accommodation; who are denied or unfairly limited in their access to government programs because of the cost or unavailability of effective communication or lack of reasonable accommodations to provide effective communication.
2. Community Abuse and Neglect Priority – PADD, PAIMI, PAIR
Rationale:
People with developmental and/or psychiatric disabilities are often particularly vulnerable to abuse and neglect by family members, caretakers, guardians, and others. Agencies responsible for investigating allegations of abuse and neglect sometimes do not conduct an adequate or timely investigation. Moreover, because of budget cuts, the resources and expertise devoted to investigating abuse and neglect may be insufficient.
Priority Strategies:
1. Provide monitoring and analysis of investigation of abuse and neglect allegations by individuals with disabilities in the community conducted by provider and state agencies and advocate for changes in policies and practices to increase the effectiveness of the investigation of administrative complaints.
2. Conduct direct, independent investigations into allegations of abuse or neglect of individuals with disabilities in the community on a limited basis. Additionally, assist consumers in appealing inadequate investigations and corrective action plans.
3. Train first responders on disability cultural competence issues and legal, professional and ethical considerations in Mental Health Law, specifically Section 12s. Offer trainings to service providers and community members on Mental Health Law and Section 12 legal standards. Help build relationships between first responders, community based organizations and community members to encourage resource sharing and the legal and ethical treatment of individuals with disabilities in psychiatric crisis.
Outcome Measures:
1. Number of first responders, community based organizations, or community members trained regarding the legal and ethical standards for in Mental Health law, specifically regarding involuntary civil commitment.
Case Selection Criteria:
1. People with disabilities living in the community who allege that they have been abused or neglected by family members, caretakers, guardians or others.
3. Community Integration Priority (Projects) – PADD, PAIMI, PAIR
Rationale:
People who live in the community are often denied access to support services that they need in order to participate fully and equally in the social and economic life of Massachusetts.
Priority Strategies:
1. Increase education and awareness of individuals with disabilities living in the community to encourage and promote self-advocacy through state-funded services and other community-based support services.
Outcome Measures:
1. Number of individuals educated regarding appeal rights and strategies, agency procedures and alternative community supports.
Case Selection Criteria:
1. This priority will be addressed through systemic-based projects in order for DLC to most efficiently utilize its resources to effect positive change for large numbers of individuals in the community.
4. Voting Priority – PAVA
Rationale:
Congress has made it clear through the passage of the Help America Vote Act (HAVA) that all adults with disabilities should have the opportunity to independently exercise their right to vote. Unfortunately, due to lack of awareness and understanding on the part of election officials, people with disabilities who wish to exercise their fundamental right to vote have encountered obstacles that impede their efforts. Additionally, many people with disabilities are unaware of their rights regarding the voting process.
Priority Strategies:
1. Continue working with City of Boston elections officials to ensure that all polling places in Boston are fully accessible to voters with disabilities.
2. Expand polling place access project to other cities and towns in Massachusetts.
3. Continue offering voter registration materials and opportunities at intake and at all trainings, conferences, etc. DLC attends or staffs.
4. Educate individuals with disabilities regarding their rights when they exercise their right to vote privately and as independently as they choose.
Outcome Measures:
1. Number of polling places made accessible or moved to accessible locations.
2. Number of individuals trained regarding their rights during the voting process.
3. Number of individuals provided with voter registration materials.
Case Selection Criteria:
1. Individuals with disabilities who are unable to vote because their polling place is inaccessible.
2. Individuals with disabilities denied the ability to register to vote.
3. Individuals with disabilities denied the ability to vote for reasons other than polling place accessibility (i.e. due to a challenge or an inability to receive assistance voting or to receive an absentee ballot).
5. PABSS Employment Cases Priority – PABSS
Rationale:
Both the SSI and SSDI programs contain work incentives to allow individuals receiving benefits who can or may be able to work to transition from benefits to work and thereby increase their income.
Priority Strategies
3. Participate in trainings and produce written materials for people with disabilities, attorneys, and advocates concerning the employment rights of people with disabilities under state and federal laws.
Outcome Measures:
Case Selection Criteria:
1. People with disabilities discriminated against in the workplace because of their disability, either through a failure to hire or termination.
2. People with disabilities denied reasonable accommodation in then workplace. Priority for review/potential representation will be given to those instances in which a person has made an accommodation request and the request has been denied.
Other Employment Case Selection Guidance:
1. Intakes likely to go to case review for REVIEW: § reasonable accommodation request has been made and denied; § termination of employment based on disability or failure to provide reasonable accommodation; § failure to hire if the reason for the failure to hire is disability-related; § preference for larger employers where DLC advocacy can potentially have a broader impact.
2. Intakes likely to go to case review for SHORT TERM ASSISTANCE: § caller has already filed MCAD/EEOC complaint or has a case pending in Superior or Federal court; § caller wants to know how to seek a reasonable accommodation; § caller does not have medical support for need for accommodation; § statute of limitations - is it too late to bring a case? (300 days); § MCAD or EEOC has found lack of probable cause, caller wants to know options, including right to sue letter; § intake meets priority but appears to lack merit; § caller only wants to sue for damages and does not want to keep or get back job; § constructive discharge - caller quit job due to hostile work environment.
6. United Way Housing Priority – United Way
United Way funding for clients whose issue involves either retaining their housing (i.e. through the need for a reasonable accommodation or because they are facing eviction and do not have legal services representation) or obtaining housing (i.e. client's application for public housing has been denied for a disability-related reason).
Rationale:
One of the most critically important factors affecting the right of individuals with disabilities to live independently in the community is the availability of affordable, accessible housing. United Way funding will be used for clients whose issue involves either retaining their housing (i.e. through the need for a reasonable accommodation or because they are facing eviction and do not have legal services representation) or obtaining housing (i.e. client's application for public housing has been denied for a disability-related reason).
Priority Strategies:
1. Retain housing opportunities for persons with disabilities by enforcing the right to reasonable accommodation, the obligation to construct accessible units of housing, and other rights under federal and state law.
2. Obtain housing opportunities for persons with disabilities by enforcing the right to reasonable accommodation, the obligation to construct accessible units of housing, and other rights under federal and state law.
Outcome Measures:
1. Number of individuals living in the United Way of Massachusetts Bay service area who have obtained housing as a result of DLC advocacy.
2. Number of individuals living in the United Way of Massachusetts Bay service area who have retained housing as a result of DLC advocacy.
Case Selection Criteria:
1. People with disabilities denied housing or whose Section 8 or other subsidized housing is being revoked for reasons related to disability.
2. People with disabilities denied reasonable accommodations in housing. Priority for review/potential representation will be given to those instances in which a person has made an accommodation request and the request has been denied.
3. People with disabilities being evicted from housing for reasons related to their disabilities who have been denied or are ineligible for representation by legal services.
7. Hospital Access Project – PAAT
Rationale:
People with disabilities are denied effective medical care when hospitals are not fully accessible. This includes physical access, communication access, and equipment access. DLC was approached by the Stavros Center for Independent Living to look at access to medical testing equipment and policies at Cooley Dickinson Hospital. At the same time, DLC connected with GBLS and DPH to explore mammography access statewide. DPH has done a survey of mammography sites, and could use an agency like DLC to encourage the hospitals to develop corrective action plans. GBLS is working on this issue in Eastern Massachusetts and this priority will focus on hospitals in Western Massachusetts.
Priority Strategies:
1. Provide outreach to all four Western Massachusetts counties regarding the right to equal access to medical care in hospitals.
2. Provide training to consumers and hospitals regarding the right to request reasonable accommodations and the rights/ responsibility to provide accessible medical services.
3. Investigate claims regarding Western Massachusetts hospitals that are not fully accessible.
4. Monitor any Western Massachusetts hospital remedial action plan that is developed as a result of the DPH Survey.
Outcome Measure:
1. Number of individuals that are trained regarding their right to equal access to medical care in hospitals.
2. Number of trainings conducted to consumers and hospitals.
3. Number of hospitals that are investigated or monitored for remedial action.
4. Number of meetings/ forums conducted to discuss the hospital access project.
Case Selection Criteria:
Any case involving a person with a disability that is denied equal access to a Western Massachusetts hospital based on their disability will be reviewed as part of the project with the goal being systemic change.
8. DD Network Priority – PADD · Provide training, support, and technical assistance to Massachusetts Advocates Standing Strong (MASS), a statewide peer advocacy organization for individuals with cognitive impairments, and/or other consumer organizations engaged in peer advocacy efforts.
· Work to implement the DD Network’s strategic plan that ensures that the Massachusetts DD Network (DLC, DDC, ICI & Shriver) works together to make sure that individuals with developmental disabilities and their families are aware of the services each organization provides individually and together as a Network.
Rationale:
The Massachusetts DD Network works collaboratively together on a variety of issues that affect the lives of people with developmental disabilities and their families. For example, each member of the Network provides some type of assistance to Massachusetts Advocates Standing Strong to increase their organizational capacity and remain a strong organization for peer advocates. Developing a strategic plan will provide an opportunity for the Network to collaborate on priorities to achieve our goals and use our resources more wisely.
Priority Strategies:
1. Implement DD Network Strategic Plan
2. Maintain the joint website that explains each organization and links to each other’s websites.
Outcome Measures:
1. Benchmarks within the Strategic Plan are implemented.
2. Number of times accessible website is accessed.
Case Selection Criteria:
No cases will be accepted under this priority.
9. Emergency Preparedness Priority – PADD
Rationale:
Recent events such as September 11th and Hurricane Katrina reveal that the needs of individuals with disabilities are too often ignored. State and local government are obligated under the ADA and other laws to address the emergency preparedness needs of individuals with disabilities, but historically have not done so.
Priority Strategies:
1. Continue to work in collaboration with selected municipal and county governmental bodies to continue to develop a model guide for first responders using a train the trainers model.
2. Work with local and statewide officials in partnership with the disability community to ensure that all of the work done on emergency preparedness incorporates a people first perspective and includes meaningful and significant roles of members of the disability community.
Outcome Measures:
1. Number of people and organizations participating in the state-wide conference.
2. Number of effective advocacy strategies developed at the state-wide conference.
3. Number of state and local emergency preparedness processes improved by the participation of people with disabilities and their advocates.
Case Selection Criteria
DLC will not provide individual representation under this priority.
10. PATBI Clients Priority – PATBI
Rationale: Until such time the requests for representation exceed DLC’s capacity, DLC has made a commitment to represent any individual with TBI, including Veterans with TBI, who have a legal issue consistent with DLC’s mission and mandates. DLC a collaborative relationship with Massachusetts Brain Injury Association and will work with MBIA and the larger TBI community to develop priorities for case work when it becomes necessary.
Priority Strategies
1. Represent individuals with TBI in legal matters which are consistent with DLC's mission and mandates.
2. Provide education and training for individuals with TBI and service providers on legal issues impacting the rights of individuals with TBI to live independently in the community.
Outcome Measures
1. Number of people with TBI represented in discrimination and other cases related to their TBI.
Case Selection Criteria:
1. Individuals with TBI facing discrimination or abuse and neglect in the community. Health Benefits Team Priorities
1. Health/Benefits Systemic Advocacy Priority (Primarily projects) – PADD, PAIMI, PAIR, PAAT
Rationale:
SEQ CHAPTER \h \r 1Access to MassHealth covered equipment and services is important to the ability of many individuals with disabilities to live and work in the community. MassHealth uses prior approval as a cost control measure to make sure it is paying for the least costly, effective, medically necessary item or service. The Massachusetts budget crisis has resulted in increased scrutiny and utilization review of the MassHealth program as a source of savings. Most individuals do not understand MassHealth standards and procedures for obtaining equipment and services or how to protect their rights in those procedures. Many do not appeal when they are denied, requiring time consuming resubmissions. SEQ CHAPTER \h \r 1There are few resources for legal advice or representation on MassHealth denials for equipment and services. Private lawyers do not take these cases because there is no source of payment, and legal services programs have experienced staff reductions.
Priority Strategies:
1. Continue to assist individuals with access to MassHealth covered items and services by providing STA, representing a limited number of individuals who have been denied prior approval for MassHealth covered services necessary to living and working in the community (e.g., DME, PCA, dental, transportation, or pharmacy services), and providing and developing consumer materials as needed.
2. Continue to work in concert with other advocates to improve MassHealth prior approval procedures and hearing processes as issues arise, e.g., through advocates’ meetings with MassHealth, commenting on proposed regulations, investigating whether MassHealth is correctly applying eligibility standards and procedures, developing consumer or practice materials.
3. Continue outreach, training and monitoring regarding medical providers in all four Western Massachusetts counties regarding the right to equal access to medical care in hospitals.
Outcome Measures:
1. Number of individuals assisted with prior approval access to MassHealth covered items and services.
2. Collaborations to address MassHealth prior approval or hearing process problems by, e.g., commenting on proposed regulations, participating in advocacy coalitions, developing consumer or practice materials.
3. Number of outreach, training and monitoring activities to increase equal access to medical care in the four Western Massachusetts counties.
4. Number of individuals assisted with access to medical care in the four Western Massachusetts counties.
Case Selection Criteria:
1. Individuals who have been denied prior approval for MassHealth coverage of DME, prescription drugs, PCA services, transportation, or other MassHealth coverage services medically necessary for living or working in the community.
2. Individuals denied equal access to a Western Massachusetts hospital based on their disability.
2. PABSS Priorities – PABSS
· Provide Support, information and advice, advocacy and assistance to any beneficiary who is trying to secure, regain or maintain employment and to otherwise protect a Social Security Beneficiary’s rights under law.
Rationale:
Most recipients of disability benefits from Social Security do not have sufficient access to accurate and timely information about the effect of work on the benefits they receive in order to avoid premature benefit loss and overpayment. Nor do they know where to access reliable information on the options that are available to assist them, their rights and protections against discrimination and other harm, and available remedies.
Priority Strategies:
1. Provide short term assistance and referral to individual disability benefit recipients who have returned to work and experienced an overpayment, work related continuing disability review, or service issues at SSA offices.
2. Provide advice and technical assistance to beneficiaries seeking vocational rehabilitation services, employment services and other support services from employment networks and other service providers.
3. Provide information and referral to and on behalf of Social Security beneficiaries with disabilities about work incentives and employment including: information on the types of services and assistance that may be available to assist beneficiaries in securing, maintaining, or regaining gainful employment and the referral to appropriate agencies providing such services; and information, technical assistance and training on work incentives to individuals, attorneys, governmental agencies, employment networks, other service providers, and advocacy organizations.
4. Report to the program manager any identified deficiencies related to employment networks and other concerns related to the Ticket to Work and self-sufficiency program
5. Provide training and technical assistance to WIPA staff throughout the state, through the listserv, MABS, and work with ICI/MIG.
Outcome Measures:
1. Short term assistance provided
2. Support activities for WIPA staff.
3. MABS and ICI/MIG activities.
Case Selection Criteria:
1. Short Term Assistance on problems with ENs or vocational rehabilitation problems and on work related SSI, SSDI and MassHealth matters, for recipients of SSI , SSDI, 1619b Medicaid and continued Medicare.
3. DBP Priorities – DBP · Support, training, and technical assistance for legal services advocates on Social Security matters. SEQ CHAPTER \h \r 1Legal services advocates, private attorneys, and state/private agency personnel will become more knowledgeable and effective advocates for their clients through high quality technical assistance in all areas of social security disability practice.
Rationale:
Individuals and those assisting and representing them need assistance obtaining federal disability benefits from the Social Security Administration due to the complex standards and procedures, rules changes, and service backlogs.
Priority Strategies:
1. SEQ CHAPTER \h \r 1Respond to requests for information, advice, research, referral, and case analysis from legal services advocates and private bar, and respond to information and referral from agency staff and legislators.
2. Develop and disseminate information on law and policy developments.
3. Develop training materials and respond to request for community and advocate training.
4. Prepare and staff bimonthly DBP coalition meetings. Prepare DBP newsletter.
5. Maintain DBP portion of Massachusetts Legal Services and DLC web sites.
6. Engage in policy and systemic work, including participating in the Disability Determination Services Advisory Committee, organizing and/or participating in local and national workgroups on specific issues, commenting on proposed regulations, preparing articles, and engaging in litigation.
7. Maintain small caseload in a targeted area to maintain expertise and to gain expertise in areas where the law/policy has changed
Outcome Measures:
1. Number of activities in each of the seven areas above.
Case Selection Criteria:
1. DBP staff will seek small number of cases SEQ CHAPTER \h \r 1as issues arise involving experimental, impact or class issues of interest to large numbers of consumers.
4. PATBI Clients Priority – PATBI
Rationale: Until such time the requests for representation exceed DLC’s capacity, DLC has made a commitment to represent any individual with TBI, including Veterans with TBI, who have a legal issue consistent with DLC’s mission and mandates. DLC a collaborative relationship with Massachusetts Brain Injury Association and will work with MBIA and the larger TBI community to develop priorities for case work when it becomes necessary.
Priority Strategies
1. Represent individuals with TBI in legal matters which are consistent with DLC's mission and mandates.
2. Provide education and training for individuals with TBI and service providers on legal issues impacting the rights of individuals with TBI to live independently in the community.
Outcome Measures
1. Number of people with TBI represented in discrimination and other cases related to their TBI.
Case Selection Criteria:
1. Individuals with TBI facing discrimination or abuse and neglect in the community.
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