Goals 2002-2003

Goals

2002-2003

Approved by Board of Directors, July 2002

THE ADVOCACY CENTER FOR PEOPLE WITH DISABILITIES

Mission Statement

July 26, 2002

The through mission of the Advocacy Center for Persons with Disabilities, Inc., is to advance the dignity, equality, self-determination, and expressed choices of individuals with disabilities. The Center promotes, expands, protects and seeks to ensure the human and legal rights of individuals the provision of information and advocacy. The Center will carry out this mission in partnership with individuals with disabilities.

Service may be delivered through a variety of means including case investigation, negotiation or mediation on the individual's behalf, and administrative and legislative advocacy. When determined to be appropriate by the Executive Director, individuals may also receive legal services, including advice, counseling, and individual case representation. A decision to provide class representation may be provided only with the consent of the Board of Directors. However, prior to the use of litigation as a strategy, the Center will seek first to use alternative means of dispute resolution.

The Board of Director's adopted Goals will constitute the primary factor in deciding whether or not to provide more than information and referral, however, other elements may also be considered. These elements include: (a) the relative likelihood of success; (b) the urgency of a particular matter and likely consequences for the individual; (c) the resources required to provide high quality representation, balanced with the resources available to the Center; (d) the availability of alternative advocacy resources in the community, including the capacity of the individual for self-advocacy; and (e) the impact that resolution of a particular matter will have upon the eligible community.

This statement of goals will provide guidance in the acceptance of cases and the allocation of Center resources. This statement, however, should not be regarded as inflexible. Each potential individual's case must be evaluated based upon its own unique circumstances. New issues affecting lives of individuals with disabilities often arise and must be evaluated in the context of existing priorities. The goals include flexibility to respond to consumers and consumer organizations throughout the fiscal year, based upon need and availability of program resources.

The Goals for the Advocacy Center for 2002-2003 are organized into the following focus areas, which are not listed in order of priority:

1. Access to Publicly-Funded Services and Community Supports

2. Conditions in Institutional Facilities

3. Education

4. Employment

5. Self-Determination

6. Outreach and Public Education

7. Information and Referral

The Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program will focus advocacy on:

1. Increasing the number of individuals who successfully return to work by studying and documenting the need for a Medicaid buy-in for Social Security beneficiaries wishing to return to work without losing medical benefits.

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Increasing access to quality healthcare, dental care, transportation, assistive

technology, and other essential home and community-based services and supports provided through Florida's Medicaid, Children's Medical Services, Early, Periodic, Screening, Diagnosis and Treatment (EPSDT) and the Developmental Services Home and Community-Based Services (HCBS) waiver programs.

2. Increasing funding for home and community-based services including the HCBS waiver.

3. Improving the State of Florida's quality assurance programs and health and safety protection programs as they relate to individuals with developmental disabilities and their rights to be free from abuse and neglect.

4. Improving the quality of services to individuals with developmental disabilities by monitoring community residential settings, including ensuring that community placements are appropri-ate for the residents leaving congregate facilities such as the Landmark Developmental Ser-vices Institution (DSI).

5. Improving the care and services for individuals with developmental disabilities dually diagnosed with mental illness or in need of mental health services. This will be done in collaboration with PAIMI.

Focus Area #1

Access to Publicly Funded Services and Community Supports

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

1. Investigating and responding to reports to the Advocacy Center alleging that abuse or neglect has occurred and/or regarding conditions that could lead to abuse and neglect.

2. Investigating and responding to reports to the Advocacy Center alleging that access to appropriate treatment and supports has been denied, or curtailed.

3. Reducing the number of medication denials, allegations of over-medication, or otherwise inappropri-ate medication practices, by ensuring the development of adequate protocols and compliance with existing requirements.

4. Informing eligible individuals of their rights regarding the requirements adopted on April 1, 2002, regarding Medicaid prior authorization procedures.

5. Reducing the number of institutionalizations due to the lack of statewide, appropriate community-based treatment and/or support services.

6. Eliminating statewide funding inequities for community-based mental health services through the pursuit of Medicaid Reform and other systemic and legislative advocacy efforts.

7. Educating and promoting collaboration among stakeholders (e.g., consumers, family members, advo-cates, providers, funders, policymakers), regarding the Olmstead decision, and what it means/could mean in Florida, for persons with mental illnesses.

1 The Olmstead decision was a 1999 U.S. Supreme Court decision that found unjustified institutionalization is discrimination under the Americans With Disabilities Act.

Under the ruling, states are required to provide home and community-based services to disabled people if their doctor agrees, if the patient chooses, and if the state can afford it.

The Client Assistance Program (CAP) will focus advocacy on:

1. Reforming the due process system regarding inequities through individual and systemic case advocacy in the Division of Administrative Hearings and Vocational Rehabilitation Services (VRS) administrative due process procedures.

The Protection and Advocacy of Individual Rights (PAIR) Program will focus advocacy on:

1. Increasing access to services through the enforcement of Title II and Title III Americans with Disabilities Act (ADA) complaints, including emergency preparedness and management; Section 504 student reasonable accommodation plans, Medicare and Medicaid issues.

2. Taking the lead on behalf of the Advocacy Center in developing a strategy plan to ensure adequacy of Aged and Disabled Waiver. This will be done in conjunction with PAIMI, TAP and PADD.

3. Improving access to transportation-disadvantaged programs and other transportation systems.

The Technology Assistance Program (TAP) will focus advocacy on:

1. Increasing access to Medicare and Medicaid funded assistive technology, training, and support services through continued monitoring of Medicaid compliance with Esteban v. Bush and Hunter v. Chiles.

2. Increasing the number of individuals with developmental disabilities receiving appropriate assistive technology (AT), AT devices, and support services that need it under the HCBS Waiver.

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Improving healthcare, services and supports to individuals with developmental disabilities residing in intermediate care facilities and other institutional settings.

2. Improving the State of Florida's quality assurance programs and health and safety protection programs as they relate to individuals with developmental disabilities and their rights to be free from abuse and neglect.

3. Increasing the availability of discharge planning and home and community-based supports to residents of publicly and privately operated institutional settings.

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

1. Investigating and responding to reports alleging that abuse or neglect has occurred/is about to occur in civil and forensic facilities (e.g., state psychiatric hospitals, county jails).

2. Identifying and monitoring the appropriateness of Florida-specific practices related to the use of seclusion and restraint.

3. Increasing collaboration with appropriate state and local entities responsible for adult and child protective investigative systems and facilitate appropriate referrals to the Department of Children and Families (DCF), or the Local Advocacy Councils (LACs).

4. Investigating and responding to reports alleging that access to appropriate treatment has been denied, or curtailed.

5. Reducing the number of medication denials, allegations of over-medication, or otherwise inappropriate medication practices by ensuring the development of adequate protocols and compliance with existing requirements, with particular emphasis on forensic facilities.

6. Working to eliminate disclosure to the general public of Baker Act information and otherwise ensure the privacy of such information.

The Protection and Advocacy of Individual Rights (PAIR) Program will focus advocacy on:

1. Taking the lead, on behalf of the Advocacy Center, in developing a strategy plan to ensure adequacy of Aged and Disabled Waiver. This will be done in conjunction with PAIMI and PADD.

Focus Area #2

Conditions in Institutional Facilities

Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program will focus advocacy on:

1. Promoting the availability of benefits planning services for Social Security beneficiaries as part of transition planning and services to support desired post-school outcomes and opportunities. This will be done in conjunction with PADD, PAIR, PAIMI, TAP and CAP.

The Protection and Advocacy for Individuals with

Developmental Disabilities (PADD) Program will focus

advocacy on:

1. Increasing access to and participation in quality instruction, general curriculum (Sunshine State Standards), and/or integrated environments in public preK-12 education.

2. Increasing and improving transition planning and services provided by public schools to support desired post-school outcomes and opportunities. This will be done in conjunction with PAIMI, PAIR, TAP, PABSS and CAP.

3. Increasing and improving access to public preK-12 extended school year (ESY) services.

4. Increasing and improving access to communication-related services and/or assistive technology devices and services provided to public preK-12 students.

5. Increasing and improving access to the positive behavior support process including person-centered planning, team collaboration, and functional behavioral assessment for public K-12 students in inclusive settings as well as in more segregated settings.

6. Promoting greater inclusion of public K-12 students in statewide accountability and assessment programs and increased accommodations to students with disabilities during statewide assessments, particularly FCAT.

7. Increasing and improving student and parent access to meaningful dispute resolution forums including Florida's complaint resolution, mediation, and due process systems, particularly with regard to the substantive issues listed above.

Focus Area #3

Education

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

1. Increasing and improving transition planning and services provided by public schools to support desired post-school outcomes and opportunities. This will be done in conjunction with PABSS, PADD, PAIR, TAP and CAP.

The Client Assistance Program (CAP) will focus advocacy on:

1. Promoting Vocational Rehabilitation's compliance with the transition planning and services to support desired post-school outcomes and opportunities. This will be done in conjunction with PABSS, PADD, PAIR, TAP and PAIMI.

The Protection and Advocacy of Individual Rights (PAIR) Program will focus advocacy on:

1. Improving quality of educational services and supports to students under 504 plans including students with learning disabilities.

The Technology Assistance Program (TAP) will focus advocacy on:

1. Ensuring that transition planning and services with appropriate assistive technology to support desired post-school outcomes and opportunities. This will be done in conjunction with PABSS, PADD, CAP, PAIR and PAIMI.

The Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program will focus advocacy on:

1. Increasing the quality and effectiveness of services to beneficiaries under the Ticket to Work program by monitoring and assessing the effectiveness of Ticket program management, and the service delivery performance by Employment Networks.

2. Increasing the number of Social Security eligible individuals being served by the Employment Networks under the Ticket to Work program.

3. Increasing the number of Social Security beneficiaries with Traumatic Brain Injuries and persons living with HIV/AIDS served.

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Increasing and improving access to employment opportunities, including supported employment under the HCBS Waiver. This will be done in collaboration with CAP and PABSS programs.

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

1. Increasing employment opportunities for individuals with psychiatric disabilities.

This will be done in collaboration with the CAP and PABSS programs.

The Client Assistance Program (CAP) will focus advocacy on:

1. Improving vocational rehabilitation services for those individuals with most significant disabilities, including Phase One supported employment.

2. Promoting the state's development of performance measures and outcomes with regard to supportive employment.

3. Developing partnerships with organizations, advocacy groups, and public policymakers in support of systemic reform of supportive employment.

4. Developing public education and training materials on the differences in eligibility between VRS and the employment networks.

Focus Area #4

Employment

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The Protection and Advocacy for Beneficiaries of Social Security (PABSS) Program will focus advocacy on:

1. Increasing monitoring to ensure that Florida's Benefits Planning, Assistance and Outreach (BPAO) organizations fully inform potential clients of the individual's options and rights to enable the indi-vidual to be empowered to make informed choices and decisions.

The Protection and Advocacy for Individuals with Developmental Disabilities (PADD) Program will focus advocacy on:

1. Supporting the attendance of individuals with developmental disabilities and their

families at conferences and workshops to promote self-advocacy.

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) Program will focus advocacy on:

1. Assessing the success of the self-directed care pilot project (DCF District 4) to determine the effect on client care and satisfaction and potential for replication in other parts of the state.

2. Increasing the use of Psychiatric Advance Directives by informing consumers, family members, and providers on the appropriate use of Psychiatric Advance Directives. This initiative will begin in collaboration with local advocates in Broward County.

3. Assessing consumer development/self-advocacy curriculums and, with the participation of the PAIMI Advisory Council, supporting the development of a stronger self-advocacy contingent of adults with psychiatric disabilities.

Focus Area #5

Self-Determination

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Each Program will focus on:

1. Increasing the number of Spanish speaking clients from under-served or unserved populations through outreach activities about the Advocacy Center's programs, services and legal authority, and to notify citizens about how to participate in the Advocacy Center's annual goal setting process.

2. Increasing policy-maker awareness of the impact of their decisions on the lives of individuals with disabilities.

Focus Area #7

Information and Referral

Each Program will focus on:

1. Developing packets of information and fact sheets to provide information and referral for self-advocacy regarding disability issues that are not assigned to an advocate.

Focus Area #6

Outreach and Public Education