Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and...

12
2017 YEAR END REPORT Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy & Law Center (NDALC) is a private, statewide non-profit organization that serves as Nevada's federally-mandated protection and advocacy system for human, legal, and service rights for individuals with disabilities. NDALC has served as Nevada’s protection and advocacy system since March 1995. Services provided by NDALC include, but are not limited to: information and referral services, education, training, negotiation, mediation, investigation of reported or suspected abuse or neglect, legal counsel, technical assistance, and public policy work. NDALC has offices in Las Vegas, Reno, and Elko with services provided statewide. All services are offered at no cost to eligible individuals in accordance with NDALC’s available resources and service priorities. MISSION STATEMENT Protect and advocate for human and legal rights, interests, and welfare of Nevadans with disabilities. Promote, support, and assist Nevadans with disabilities in understanding and controlling those systems and processes which directly affect their lives. Foster the development, availability, and accessibility of services which increase the opportunities available to Nevadans with disabilities to live their lives as fully, independently, and productively as possible. PROTECTION & ADVOCACY (P&A) SYSTEMS P&A systems throughout the United States were established as a result of public concern and outcry regarding abuse, neglect, and denial of rights of individuals with disabilities. Since 1978, Congress has established protection and advocacy programs in all U.S. states and territories to address the needs of different populations of individuals with disabilities. Under these programs P&A systems are authorized to: Pursue legal, administrative, and other appropriate remedies in order to enforce and uphold the rights of eligible individuals with disabilities. Investigate reported or suspected incidents of abuse and neglect of eligible individuals with disabilities.

Transcript of Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and...

Page 1: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

20

17

Y

EAR

EN

D R

EPO

RT

Nevada’s Protection and Advocacy System for Individuals with Disabilities

ABOUT US

The Nevada Disability Advocacy & Law Center (NDALC) is a private, statewide non-profit organization that serves as Nevada's federally-mandated protection and advocacy system for human, legal, and service rights for individuals with disabilities. NDALC has served as Nevada’s protection and advocacy system since March 1995.

Services provided by NDALC include, but are not limited to: information and referral services, education, training, negotiation, mediation, investigation of reported or suspected abuse or neglect, legal counsel, technical assistance, and public policy work.

NDALC has offices in Las Vegas, Reno, and Elko with services provided statewide. All services are offered at no cost to eligible individuals in accordance with NDALC’s available resources and service priorities.

MISSION STATEMENT

Protect and advocate for human and legal rights, interests, and welfare of Nevadans with disabilities.

Promote, support, and assist Nevadans with disabilities in understanding and controlling those systems and processes which directly affect their lives.

Foster the development, availability, and accessibility of services which increase the opportunities available to Nevadans with disabilities to live their lives as fully, independently, and productively as possible.

PROTECTION & ADVOCACY (P&A) SYSTEMS

P&A systems throughout the United States were established as a result of public concern and outcry regarding abuse, neglect, and denial of rights of individuals with disabilities.

Since 1978, Congress has established protection and advocacy programs in all U.S. states and territories to address the needs of different populations of individuals with disabilities. Under these programs P&A systems are authorized to:

Pursue legal, administrative, and other appropriate remedies in order to enforce and uphold the rights of eligible individuals with disabilities. Investigate reported or suspected incidents of abuse and neglect of eligible individuals with disabilities.

Page 2: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

U.S. Department of Health and Human

Services, Substance Abuse and Mental

Health Services Administration

(SAMHSA)

PAIMI – serves individuals with mental illness

U.S. Department of Health and Human

Services, Administration for Community

Living (ACL)

PADD – serves individuals with intellectual and

developmental disabilities

PAVA – serves individuals with disabilities regarding

their voting rights and access

PAAT – serves individuals with disabilities who need

assistive technology devices or services

PATBI – serves individuals with traumatic brain

injuries

U.S. Department of Education, Office of

Special Education and Rehabilitation

Services (OSERS)

PAIR – serves individuals with disabilities not

covered under other P&A programs

CAP – serves individuals with disabilities applying

for or receiving services under the federal

Rehabilitation Act

NDALC provides protection, advocacy, information and

referral, and legal services under funding provided by our

FEDERAL PARTNERS:

Social Security Administration, Office of

Acquisition and Grants (OAG)

PABSS – serves beneficiaries of Social Security

Income (SSI), or Social Security Disability Insurance

(SSDI) under the Ticket to Work and Work

Incentives Improvement Act (TWWWIIA) and offers

assistance with the removal of barriers preventing

them from returning to work.

WIPA – serves beneficiaries of Social Security and

offers work incentives and planning assistance

under the Ticket to Work and Work Incentives

Improvement Act (TWWWIIA)

This document has been developed by NDALC and has not been reviewed by the federal funders for accuracy or

endorsement by the Federal Government and is developed and printed at taxpayer expense.

PAIMI $428,000.00 28%

PADD $390,405.00 26%

PAVA $70,000.00 5%

PAAT $50,000.00 3%

PATBI $50,000.00 3%

PAIR $171,598.00 11%

CAP $131,917.00 9%

PABSS $100,000.00 7%

WIPA $120,500.00 8%

$1,512,420.00 100%

Funding by Yearly Award Allotment -

FY17

2

Page 3: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

3

Page 4: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

1379 1869

CLIENTS - P&A Programs 1322 SERVICE REQUESTS - P&A Programs 1443

GENDER % Clients S/R PRIMARY DISABILITY % Clients S/R

Male 55% 732 806 Absence of Extremities 0.5% 7 8

Female 45% 590 634 ADD/ADHD 1.7% 22 22

AIDS/HIV 1.0% 13 13

AGE % Clients S/R Arthritis 0.2% 2 2

0-5 4% 55 60 Autism Spectrum Disorder 12.3% 163 185

6-11 9% 124 134 Autoimmune Disease 0.7% 9 9

12-18 8% 109 123 Blindness (both eyes) 0.8% 10 10

19-25 9% 116 123 Cancer 0.9% 12 12

26-35 11% 139 152 Cerebral Palsy 1.8% 24 28

36-45 13% 176 194 Deafness 1.9% 25 27

46-55 19% 252 281 Deaf/Blind 0.1% 1 1

56-65 15% 194 208 Diabetes 0.7% 9 10

66-75 5% 60 65 Digestive Disorders 0.2% 2 2

76+ 2% 24 26 Down Syndrome 0.2% 2 4

Unknown 6% 76 77 Epilepsy 0.9% 12 12

Genitourinary Conditions 0.2% 3 4

ETHNICITY Clients S/R Hard of Hearing (not deaf) 1.2% 16 16

Heart & Other Circulatory Conditions 1.5% 20 21

Intellectual Disabilities 6.4% 84 91

Asian 30 33 Learning Disabilities 0.5% 6 6

Asian (H/L)* 1 1 Mental Illness 34.3% 454 506

Black 170 190 Multiple Sclerosis 0.8% 11 11

Black (H/L)* 5 5 Muscular Dystrophy 0.3% 4 4

Hispanic/Latino 161 178 Muscular/Skeletal Impairment 0.5% 7 7

Multiracial 50 52 Neurological Disorders 4.5% 60 66

Multiracial (H/L)* 16 16 Orthopedic/Physical Impairments 14.7% 194 205

Other Emotional/Behavioral 0.1% 1 1

Respiratory Disorders 0.6% 8 9

Not Stated 18 18 Specific Learning Disabilities (SLD) 1.7% 22 25

Unknown 41 43 Speech Impairments 0.5% 6 6

White 680 736 Spina Bifida 0.1% 1 1

White (H/L)* 130 147 Substance Abuse 0.1% 1 1

*(H/L - Hispanic/Latino) Traumatic Brain Injuries (TBI) 4.4% 58 62

Visual Impairment (Not Blind) 1.7% 22 24

REGION % Clients S/R Not Stated 2.3% 31 32

Northern 24% 313 333

Southern 70% 923 1020

Rural 6% 86 90

Northern Counties: Carson City, Douglas, Lyon, Storey, Washoe

Southern Counties: Clark, Lincoln, Nye

Rural Counties:

CLIENTS - WIPA 57 SERVICE REQUESTS - WIPA 426

Native Hawaiian / Other

Pacific Islander8 11

Churchill, Elko, Esmeralda, Eureka, Humboldt, Lander, Mineral, Out of State, Pershing,

White Pine

WIPA is the Work Incentives Planning Program that has different process and criteria than the above P&A programs.

TOTAL CLIENTS TOTAL SERVICE REQUESTS

Clients Self-Identify for Ethnicity & Disability

American Indian / Alaskan

Native12 13

4

Page 5: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

HIGHLIGHTS of OUR FISCAL YEAR

Note – the following are representative, and are not all inclusive, excerpts from our program activities for Fiscal Year 2017.

NDALC initiates the process of determining service priorities in August of every year for the upcoming fiscal year by collecting input and public comments through the distribution of our Annual Advocacy Survey.

For 2017, the survey along with a self-addressed, stamped envelope was sent to 778 individuals on NDALC’s mailing list. This list is made up of current and former clients, family members, disability service providers, educators and legal/judicial individuals.

In addition to direct mail, the survey could also be completed in person at any one of our three locations, through Survey Monkey, or requested and completed electronically.

The survey was also provided to NDALC staff and Board members as well as community partners so they could also distribute to additional individuals on their email lists, or at any training or community events they may be attending.

The survey seeks input/comments on what the respondent feels are the most important disability related issues within the state, and then it asks the respondent to rank those issues by level of importance. It also asks whether the respondent has a disability, if they have been denied services, had services reduced or terminated, or are currently on a waiting list for services, and if so, which services are pending.

NDALC SERVICE PRIORITIES

5

Page 6: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

PAIMI – PROTECTION & ADVOCACY FOR INDIVIDUALS withMENTAL ILLNESS

Services for individuals who have significant mental illness or emotional impairment.

49 individual PAIMI cases

were addressed in fiscal year 2017.

While great strides were

made and a positive momentum

continues, NDALC continued to be

concerned with, and saw issues with

inmates with severe mental illness

being placed in solitary.

Continuing from the end of

NDALC’s last fiscal year – the joint

(and final) report from NDALC, the

American Civil Liberties Union of

Nevada (ACLUNV), and Solitary

Watch was issued - Unlocking

Solitary Confinement: Ending

Extreme Isolation in Nevada State

Prisons.

The 48 page report is a

composite of details from

approximately 300 inmates who

completed 10-page surveys,

interviews conducted by NDALC of

selected inmates with disabilities

describing the harmful impact of

extreme isolation, and a 2 year

collaboration between 3 agencies.

Widely shared, distributed

throughout the State, and reported on

by state/national news outlets, the

report was released at a pivotal time

for prison policy in Nevada. ACLUNV

distributed it directly to legislators in

the 2017 session and they used it to

support Senate Bill 402, which

eliminates the use of solitary

confinement against individuals with

intellectual disabilities.

Senate Bill 402 was signed

into Nevada law by the Governor in

June 2017 and NDALC continues to

work with the Nevada Department of

Corrections to ensure effective

implementation of new requirements.

Death by suicide in prisons

also came to the forefront and NDALC

initiated requests for investigations for

a root cause analysis in licensed

facilities through various state/federal

departments. While the end of fiscal

year 2017 did not see this milestone,

NDALC continues to press for an

authoritative agency, other than the

Nevada Department of Corrections,

with investigative authority over prison

deaths.

Other than one agency that

‘periodically’ examines and prepares a

semi-annual report on the medical

services and locations where services

are provided, there are no known

designated authorities to conduct

these investigations. NDALC has

requested that the Vera Institute of

Justice make recommendations on

behalf of NDALC to promote the

utilization of the agency’s investigative

authority.

NDALC and the Clark County

Public Defender (CCPD) continued to

work to facilitate the most effective

process with the Nevada Department

of Corrections (NDOC) to ensure

continuity of care for those adjudicated

Guilty But Mentally Ill (GBMI). The

intention is for recommendations for a

mental health treatment plan in

preparation for transfer to NDOC.

NDALC and the CCPD are hopeful

future meetings with NDOC will result

in positive, systemic changes for

inmates entering pleas of GBMI in the

future. Attendees at those meetings

hope to see changes implemented

that include the removal of inmates

from solitary confinement and the

transfer of severely, mentally ill

inmates to the mental health unit in

Carson City.

Advocacy for systemic,

habilitative mental health services

are of concern for NDALC as it

appears Nevada Medicaid recipients

are not receiving these services under

a Medicaid Section 1915(i) waiver,

although included in the State Plan, as

approved by the Centers for Medicare

and Medicaid.

NDALC hosted a meeting

with providers who received incorrect

Medicaid denials to discuss changes

to the State’s Medicaid Service

Manual and the State’s position with

respect to the 1915(i) waiver.

However, we were since informed the

State will amend their Plan to change

and/or eliminate the 1915(i) waiver. As

such, NDALC will continue to pursue

habilitative services under the 1915(i)

waiver for individuals with mental

illness, and is considering its

administrative and legal remedies.

NDALC conducted 7 public

awareness events and 4 educational

events with over 500 people educated

or trained in various areas.

The agency also investigated

state and county policies on

interventions and restraints in 5

representative facilities within: nursing

homes, group homes, SLAs, board

and care homes, homeless shelters,

hospitals, or schools. NDALC also

addressed individual situations that

indicated continual and unnecessary

institutional placements rather than

moving within the community.

The agency continues to

provide ongoing training and

education to clients, providers and

family members. FY 2017 saw over

200 people educated on Effective

Advocacy Skills, the Health Care

Notebook, and Navigation Pathways

training. The focus of which is to

educate parents and professionals

about the rights of individuals with

disabilities, and provide tips on how to

effectively advocate and navigate

within the system of care.

6

Page 7: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

NDALC monitored 59 private,

Supported Living Arrangement (SLA)

homes serving individuals with

developmental disabilities. Un-

announced visits included 49 SLA

homes in Southern Nevada, 6 in the

North and 4 in Rural areas.

NDALC reviewed provider

certifications and ensured all SLA staff

completed training in behavioral and

medication management, as well as

CPR/First Aid, prior to working with

clientele. All areas were toured and in

some cases, private interviews were

completed with staff and residents.

NDALC identified safety

concerns in several homes and

worked with providers and the

Regional Centers to rectify and ensure

residents remained free of abuse and

neglect.

NDALC observed positive

changes in group homes revisited

after initial visits in 2016 identified

areas in need of improvement. With

respect to a facility serving elementary

to secondary level students with

severe behavior challenges, NDALC

observed a 50% reduction in

suspensions and a 30% reduction in

recidivism since 2016.

An NDALC advocate serves

on a Regional Center’s Human Rights

Committee that meets monthly to

review habilitative plans for those who

reside in either the regional center, or

their SLA homes. The committee’s

objective - to ensure behavior and

medical interventions are safe and

appropriate, protect individual rights

(including privacy), choice and dignity,

and verify that individuals receive

services in the Least Restrictive

Environment (LRE).

A Jobs and Day Training

(JDT) facility was monitored where

safety issues were noted and

addressed for immediate resolution

with the facility administrator.

Continuing from the end of

NDALC’s last fiscal year – the joint

(and final) report from NDALC, the

American Civil Liberties Union of

Nevada (ACLUNV), and Solitary

Watch was issued - Unlocking

Solitary Confinement: Ending

Extreme Isolation in Nevada State

Prisons.

The report is a composite of

details from approximately 300

inmates who completed a 10-page

survey, interviews conducted by

NDALC of selected inmates with

disabilities describing the harmful

impact of extreme isolation, and a 2

year collaboration between 3

agencies.

Widely shared, distributed

throughout the State, and reported on

by state/national news outlets, the

report was released at a pivotal time

for prison policy in Nevada. ACLUNV

distributed it directly to legislators in

the 2017 session and they used it to

support Senate Bill 402, which

eliminates the use of solitary

confinement against individuals with

intellectual disabilities. The Bill was

signed into Nevada law by the

Governor in June 2017 and NDALC

continues to work with the Nevada

Department of Corrections to ensure

effective implementation of the new

requirements.

Starting in FY17, continuing

into 2018 – Two NDALC attorneys

contacted the Nevada Department of

Education (NDE) to investigate the

reporting process implemented when

restraints, seclusion, or aversion

interventions are used in schools.

NDALC reviews were

completed with communication and

open dialogue with the Special

Education and Teacher licensure

divisions, which will continue as the

department develops a revised

Procedures Manual.

Medicaid challenges were

effectively advocated for within various

needs including; accessing Medicaid

and other community healthcare

resources, treatment coverage after

discharge, and continued/covered

step-down services when none were

available within the community.

Two NDALC attorneys also

addressed client issues with Medicaid

reduced or terminated Personal Care

Assistant (PCA) services without

adequate rationale. Through meetings

with Medicaid administrators,

decisions were revised and an agency

brochure now details the clients’ step-

by-step process through the Fair

Hearing process and answers

frequently asked questions.

In FY 2017, the Executive

Director, who is also on the board of

the Nevada Governor’s Council on

Developmental Disabilities (NGCDD),

welcomed his service dog, Forever.

This also resulted in 6 trainings and

presentations to Health Districts and

Restaurant Associations within the

State. News outlets interviewed him

and filmed informational spots

promoting the abilities expanded by

these service animals to individuals

with various disabilities.

NDALC participates, or

coordinated services, with at least 16

community partner organizations on

diverse programs, outreaches, in-

services and trainings. In many cases,

trainings were offered in English and

Spanish. The agency strives to

review/revise and add presentations

as necessary to stay current with

program changes, as well as

additional needs.

PADD – PROTECTION & ADVOCACY FOR INDIVIDUALS withDEVELOPMENTAL DISABILITIES

Services for individuals who have a developmental disability; defined as a disability manifested before age 22, chronic

in nature, and results in substantial functional limitations in three or more major life activities.

7

Page 8: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

PAAT – PROTECTION & ADVOCACY FOR ASSISTIVE TECHNOLOGY

Services for individuals with disabilities who need assistance obtaining

assistive technology devices and services.

NDALC continues to provide

individual case advocacy to children

and adults with disabilities who are in

need of assistive technology (AT)

devices and services. The agency’s

trainings addressed advocating for AT

services and devices as well as the

processes by which to request and

obtain.

In order to be aware of and

address any systemic issues,

NDALC’s Executive Director and a

staff member attend meetings of the

Nevada Assistive Technology Council,

that serves in an advisory capacity to

the Office of Disability Services in

order to provide consumer driven and

responsive advice for the planning,

implementation, and evaluation of AT

programs.

Some of this year’s projects

and collaborations include:

NDALC’s Executive Director

served on an integrated employment

subcommittee for the Commission on

Services to People with Disabilities.

The subcommittee issued a strategic

plan for integrated employment that

included services to obtain AT devices

to assist individuals in obtaining

integrated employment.

The Northern office of

NDALC also hosts an AT

demonstration area in conjunction with

the State’s AT project.

NDALC maintains a

collaboration with an AT provider to

address and present trainings on

commonly shared issues relative to AT

within the Hispanic community – in

part, how to overcome a bilingual gap,

how AT devices can help to function

more independently, and how to

access AT services without prejudice

and discrimination.

PAVA – PROTECTION & ADVOCACY FOR VOTER ACCESS

Services for individuals with disabilities to provide education and advocacy to ensure full

participation in the electoral process.

In order to better advise,

NDALC advocates participate in

various trainings to enhance and

update their knowledge of the electoral

process and voting accessibility. One

such example included their

participation in a National Federation

for the Blind review of the blind voter

experience that followed the 2016

presidential election.

The agency maintains an

active working relationship with the

Secretary of State elections staff,

inclusive of the State’s HAVA

coordinator and the staff at the

Washoe and Clark County Registrar

offices.

FY17 focused efforts on

reaching individuals with

developmental disabilities and

providing voter education in the rural

areas.

Among the activities: Advocates

worked with Project Focus at UNLV to

address adults in post-secondary

education with developmental

disabilities and facilitate voting rights

and processes. Rural presentations

addressed individuals in schools and

tribal groups regarding voting

registrations, deadlines and

processes.

Southern Nevada advocates

worked with area psychiatric hospitals

to ensure patients were provided with

information regarding their voting

rights and individuals that were

registered to vote were able to cast a

ballot on election day as required

under State law. Advocates hand

delivered hand-written ballots to

patients and securely returned

completed ballots to the election

department to be counted.

10 separate voting locations

in Clark County were monitored for

accessibility with one concern

identified and then addressed by the

Clark County election officials.

And for the future…

advocates continue to work with

election officials in Las Vegas

regarding new voting machines that

will be used beginning with the June

2018 primary election. Initial issues

addressed with election officials

pertained to the use of a signature

stamp for persons with a disability who

need this accommodation rather than

using the projected touchscreen

electronic signature.

8

Page 9: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

PATBI – PROTECTION & ADVOCACY FOR TRAUMATIC BRAIN INJURIES

Services for individuals living with traumatic brain injuries and their families.

In order to remain current on

resources and address the growing

concerns regarding trauma related

injuries, an NDALC advocate has

maintained a voting member position

on the Southern Regional Trauma

Advisory Board (SRTAB) since 2009.

The SRTAB works in collaboration

with UMC Trauma Hospital, the

Southern Nevada Health District,

Emergency Medical Systems and

other trauma providers to ensure a

quality system of patient care. SRTAB

makes recommendations and assists

in the ongoing design of the trauma

system and operation.

An NDALC advocate is also a

member of the Southern Nevada

Injury Prevention Partnership (SNIPP)

that partners with Nevada’s three

trauma hospitals to develop strategies

to prevent and reduce the number and

severity of traumatic brain injuries.

Concurrent with the critical

focus of traumatic brain injuries in

sports, an advocate is a member of

the Nevada Interscholastic Activities

Association (NIAA), a non-profit

organization of secondary schools in

Nevada that sets policies for handling

head injuries of student athletes.

Policies mandate that students be

removed immediately from competitive

sports if they suffer a concussion or

head injury and they are not allowed to

return to play until examined and

cleared by a health care provider. The

advocate monitors the coaches’

adherence to policy.

NDALC participated in

various community outreach programs

and events to educate individuals and

family members on available

resources and methods for self-

advocacy and access to the benefits.

NDALC advocates

participated with 5 community partner

agencies (Southern Nevada Health

District, UMC Medical School, Nevada

Community Enrichment Program,

Southern Nevada Mental Health

Services, and the Aging and Disability

Resource Centers) in a collaborative

project addressing the correlation

between Paratransit eligibility and

eligibility for Medicaid MTM

transportation services for

non-emergency rides. The project

intention was to find an eligibility

process for consumers who are not

Regional Transit Authority (RTA)

Paratransit eligible to be able to utilize

the MTM system with Medicaid. The

partnership addressed/drafted a

booklet on how to apply and appeal

decisions with RTC.

Numerous outreach

presentations by NDALC staff were

offered at the onset of the fiscal year

in conjunction with voting

areas/options in conjunction with the

presidential election.

A continuing NDALC project

in northern Nevada in cooperation with

the Governor’s Council on

Developmental Disabilities and People

First addresses the Virginia Street

RTC expansion. The project

addresses critical transportation needs

overall, but is specific to improving

safety, correcting ADA sidewalk

deficiencies, and improving traffic

operations.

LRIS – LAWYER REFERRAL AND INFORMATION SERVICES

The Nevada Bar Association minimally funds projects involving charitable/educational projects that promote public

understanding of the law, improvement of the administration of justice, or other law related public service projects.

Over the years, NDALC has been fortunate to receive various funding amounts from the above program that helped to

facilitate our efforts under our main protection and advocacy programs by covering print, supplies, materials, and/or presentation

services.

Starting at the end of the 2017 fiscal year and completing in the first quarter of fiscal year 2018, the program partially

supported NDALC in funding materials and presentations to educate consumers about the law and how to advocate for their rights

as a person with a disability. Materials covered: Effective Advocacy Navigation and the Care Pathway Notebook, Guardianship and

Alternative Options, and What To Do When You Disagree with Your Child’s IEP, and Restraint and Seclusion Laws. Thirteen

presentations were offered in English and/or Spanish.

Funding also allowed a specific focus by rights attorneys in preparing materials and presenting to groups within the State

on the ABLE Act – the Achieving a Better Life Experience Act. The ABLE Act allows families to invest funds on behalf of their child

with a disability, for disability related expenses.

Presentations were completed in the North, South, and Rural Nevada offices of NDALC. The Southern session was also

attended by the Chief of Staff of the Nevada State Treasurer’s Office, who administers the ABLE Act procedures in Nevada and

who responded to questions concerning the management and marketing of ABLE accounts. Attendees for all sessions included

disability service providers, families of individuals with disabilities, and individuals with disabilities. 9

Page 10: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

PAIR – PROTECTION & ADVOCACY FOR INDIVIDUAL RIGHTS

Services for all other individuals with physical and/or mental disabilities who are not eligible for services under PADD and

PAIMI programs, or the Client Assistance Program (CAP).

NDALC served 32 individuals

under the PAIR grant during the 2017

fiscal year and provided an additional

325 information and referral services

to persons with disabilities.

Approximately 437

individuals attended 8 separate

trainings covering various subject

matter offered in English and/or

Spanish.

Systemic activities addressed

various areas of need.

Service Animal Trainings for

the Washoe County Health District

were conducted 3 times to 100

association members. As a result of

the trainings, a Service Animals Only

informational poster was developed

and 2 television news outlets in

northern Nevada filmed and posted

interviews with NDALC’s Executive

Director and his service animal,

Forever. Four additional service

animal trainings were presented to 90

individuals from the VA Hospital Spinal

Cord Support Group and the Nevada

Environmental Health Association.

NDALC’s northern office

hosts a weekly, Blind IOS User Group

meeting and at one point met with the

group to identify barriers within the

community. The group indicated a lack

of audible signals and curb cuts in the

City of Reno so NDALC attended

Reno Access Council meetings and

spoke on behalf of the group. The

Access Council made a commitment

to improve access inclusive of 15

additional audible signals in 2018.

NDALC continues to address

physical access issues under the

jurisdiction of the Nevada Equal Rights

Commission (NERC) as we were

notified that NERC was declining

jurisdiction under Title III ADA

complaints from individuals with

disabilities; alleging lack of physical

access to places of public

accommodation. A meeting was held

with the NERC Director to address

and inform NERC of its investigative

responsibilities.

NDALC worked to establish

the Nevada Commission for Persons

Who are Deaf, Hard of Hearing, or

Speech Impaired with a staff member

remaining an active member of the

group. The commission addresses

statewide issues such as

transportation, interpreters, advocacy

training and utilization of the 911 text

features for emergencies. Two

trainings were provided to 50,

statewide sign language interpreters

regarding state interpreter rules and

regulations for the newly created state

interpreter pool.

NDALC updated and re-

formatted the Medicaid handout used

to instruct Medicaid recipients on the

actions to take when Medicaid

reduces, terminates or denies

Personal Care Assistance (PCA)

hours. The document takes clients

through the step-by-step Fair Hearing

process and answers typical

questions.

The agency also hosted

Medicaid long-term support specialists

to discuss changes to the State’s

Medicaid Services Manual.

CAP – CLIENT ASSISTANCE PROGRAM

Assists individuals who may be having issues with vocational rehabilitation programs.

NDALC provided advocacy services for 96 individuals under the CAP program.

Five training sessions reaching approximately 357 people were presented to various community groups and public

agencies e.g., employees of Workforce Connections (Southern Nevada’s workforce development board), Desert Regional Center

case managers, and Clark County’s community social services agencies, as well as the Executive Director’s participation as a

panelist at the Integrated Employment Summit in Reno.

Monthly outreach events were also held in the rural areas of Ely, and one outreach event was held for the Moapa tribal,

vocational rehabilitation agency in the South.

Members of the NDALC agency participate on various Advisory Boards such as the Nevada State Rehabilitation Council

where a supervising attorney for the agency is the Client Assistance Program representative and is the co-chair of the State

Rehabilitation Council and chair of the State Plan Subcommittee of the Council. He is also Vice-Chair of a group regarding new

measures to the VR participant satisfaction survey sent out for bid to identify a contractor for implementation.

The Executive Director serves on an integrated employment subcommittee of the Commission on Services for Person with

Disabilities that supplies input to the State of Nevada regarding employment options for individuals primarily with intellectual or

developmental disabilities. The subcommittee was formed to implement recommendations of a Governor created task force

reviewing the service delivery system of employment options for individuals with developmental, or intellectual disabilities.

10

Page 11: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

PABSS – PROTECTION & ADVOCACY FOR BENEFICIARIES of SOCIAL SECURITY

Services for individuals who receive Social Security disability benefits and need assistance with

the removal of barriers preventing them from returning to work.

NDALC provided advocacy services to 10 individuals under the PABSS grant program; an additional 35 individuals

received information and referral services, and 1,173 received training/educational information at 12 outreach presentations.

During fiscal year 2017 outreach efforts targeted students with disabilities of transition age so several transition events

were sponsored through the Clark County School District (CCSD). PABSS advocates also hosted parent training that targeted

Hispanic families of children with disabilities and each participant received relative brochures prepared by NDALC.

NDALC PABSS advocates also presented at a CCSD transition specialists’ staff meeting offering information on the

PABSS program as well as employment networks and the Student Earned Income Exclusion (SEIE); 25 CCSD staff members

participated.

Advocates presented to a wide range of groups over the fiscal year – Chaparral High School’s Parent’s resource fair,

Variety High Schools’ Parents’ Support Group, CCSD’s Deaf and Hard of Hearing Transition event – 2 separate sessions, CCSD’s

Students Talking About Real-World (STAR) – Transition Fair, a Basic High School’s staff meeting, Miley Achievement Center’s

student/parent resource fair, a Boys’ and Girls’ Club of America staff meeting, and a training to Hispanic families of children with

disabilities at a Milagros Escondidos support group meeting.

PABSS advocates also prepared a program plan for the upcoming fiscal year on intended trainings and targeted groups.

WIPA – WORK INCENTIVES PLANNING and ASSISTANCE PROGRAM

Assists Social Security beneficiaries with disabilities in making informed choices about returning

to work, or entering the workforce for the first time.

NDALC received 426 service requests and addressed 57 individual cases over the 2017 fiscal year.

The agency maintains three, fully certified Community Work Incentives Coordinators (CWIC) on staff to provide clients with

personalized benefits planning services statewide. Each CWIC is also required to maintain an additional and yearly certification

requirement encompassing both federal and state specific benefits’ programs.

There is one CWIC in each NDALC office, although each CWIC may have clients in any area of the State and is

responsible for providing WIPA services throughout the State. CWIC staff member develop working relationships with community

partners, youth educators and disability employment service providers; opening the door to future client referrals and collaborations.

Presentations/Events throughout the year included Vocational Rehabilitation Counselors, a vendor booth at the Nevada

Transition Conference, WIOA Board and Nevada Workforce Connections Partners, the Nevada Youth Transition Leadership

Summit, Resource Fair at Truckee Meadows Community College, Boys’ and Girls’ Club of Reno, Career Connect, Project Input of

the Moapa Band of Paiutes, Desert Regional Center, and Spring Creek High School.

The WIPA program’s planning services include:

(1) advice on working and the earning potential while receiving Social Security cash benefits,

(2) Benefits Analysis – summary of current benefits with an analysis on how benefits may be impacted by employment;

including Medicare/Medicaid;

(3) evaluation of available options and development of a work incentives plan,

(4) A Plan to Achieve Self Support (PASS) which assists in the development of the PASS and ensures it is properly

submitted to the Social Security Administration, information, referral and problem solving, and

(5) ongoing assistance during the transition to employment.

Eligible individuals are working age Nevadans with disabilities (including transition aged youth, ages 14 - 22), who receive

Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), are working, have a job offer, or are actively

seeking work and are interested in receiving benefits’ planning and assistance services. 11

Page 12: Nevada’s Protection and Advocacy System for Individuals ...€¦ · Nevada’s Protection and Advocacy System for Individuals with Disabilities ABOUT US The Nevada Disability Advocacy

SYSTEMIC ADVOCACY …….

is often completed through participation on

Boards, Commissions, Committees, or

Special Projects. NDALC staff members

participate on the following Boards,

Commissions, Committees, or Special

Projects:

• AIDD Partners

• National Disability Rights Network

• Brain Injury Association of America

• Federation for the Blind

• Desert Regional Center - Human Rights

Commission

• Elko Transportation Committee

• Medicaid Managed Care & Home & Community

Based Services - Town Hall

Meetings

• NV Supported Decision-Making Agreement

Committee - Legal Research

Subcommittee

• Nevada Commission on Services for Persons

with Disabilities (CSPD)

• Governor’s, Taskforce on Integrated

Employment Subcommittee

• NV- Special Education Advisory Committee

• NV Assistive Technology Council

• Nevada Governor’s Council on Developmental

Disabilities

• Nevada State Rehabilitation Council • Southern

Nevada Adult Mental Health

Coalition

• Southern Nevada Injury Prevention Committee

• Southern Nevada Trauma Advisory Board

• Virginia Street Bus RAPID Transit Extension

Project

• Reno Access Advisory Committee

• Northern Nevada Access and Functional Needs

Work Group (Emergency

Planning)

• Comstock Chapter of Canine Companions for

Independence

SOUTHERN OFFICE

2820 W. Charleston, Suite B-11

Las Vegas, NV 89102Phone: 702-257-8150

Toll Free: 1-888-349-3843Nevada Relay: 711Fax: 702-257-8170

[email protected] Habla Español

NORTHERN OFFICE

1875 Plumas Street, Suite 1

Reno, NV 89509Phone: 775-333-7878

Toll Free: 1-800-992-5715Nevada Relay: 711Fax: 775-786-2520

[email protected] Habla Español

ELKO OFFICE

905 Railroad Street, Suite 104B

Elko, NV 89801Phone: 775-777-1590

Toll Free: 1-800-992-5715Nevada Relay: 711Fax: 775-753-1690

[email protected]

www.NDALC.org12