EL GUARDIÁN

Newsletter of the New Mexico Protection and Advocacy System

Vol. 14, No. 4 Fall 1998

WE'RE ALL CONNECTED!

-- Colleen Miller

Did you know that when you call P&A in Albuquerque to ask a question, the answer might start from Pittsburgh? The New Mexico Protection and Advocacy System is part of a nationwide network of advocacy groups. These groups work together to try to address systemic issues facing people with disabilities. Here are some of the ways that happens:

New Mexico's P&A is a member of the National Association of Protection and Advocacy Systems (NAPAS), which includes the P&A in every state and territory in the country. Through our membership, we can work with staff at the Washington, D.C. office of NAPAS who have expertise in special education law, the Americans with Disabilities Act, vocational/rehabilitation programs, institutional conditions and other legal rights areas that all P&As address. If we here in New Mexico get a special education case with complex or difficult issues, for example, we can call Leslie Margolis, a staff attorney at NAPAS in Washington, D.C. Leslie might have some ideas about how to handle the case, or she might know about a P&A in another state that had the same problem. With these kinds of connections we can keep up to date on the latest developments in special education law, and strategize with other experienced advocates and attorneys all across the country to provide high quality legal representation to our clients.

Another benefit of belonging to the national network is that NAPAS has special contracts with nationally recognized advocacy groups, known as back-up centers, to support P&As. For example, NAPAS contracts with the Disability Law Center in Pittsburgh, Pennsylvania to provide technical support for fair housing efforts. So when someone in New Mexico calls us in Albuquerque with a complaint that might be a fair housing violation, we can call Mark Murphy in Pittsburgh to discuss it. NAPAS will have new contracts for "back-up centers" beginning in November, 1998, to support P&As in the areas of community integration and housing, education, conditions in facilities, managed care and welfare reform, and youth law issues.

The national organization also coordinates conference calls among the P&As so that we can brainstorm with each other and learn from each other. Recently, a conference call discussed ways of obtaining assistive technology for clients in nursing homes. Another call focused on conflicts between the ADA and social security rulings. Frequently these calls involve attorneys from the Department of Justice, the EEOC, or other federal enforcement agencies, sharing the government's expertise as well.

The national network includes many other connections that the New Mexico P&A relies on, such as conferences and trainings, working together on committees, and filing legal briefs all over the country and in the United States Supreme Court. So now you know that when P&A agrees to help you with a legal issue, you have the backing of an entire national network to bring you the best assistance possible.

Entertainment 1998 books are available at the Protection and Advocacy Office, 1720 Louisiana Blvd., NE, Suite 204. The cost is $35.00. Call (505) 256-3100 if you would like to reserve a copy.

P&A PERSONNEL NEWS

We Bid Sad Farewells To:

Nancy Koenigsberg, a ten-year veteran of P&A and Senior Staff Attorney. She has accepted a position as Legal Director with The New Mexico Center on Law and Poverty. Nancy has made numerous, valuable contributions on behalf of persons with disabilities. Nancy will be tremendously missed by her colleagues and P&A clients. We wish her luck in her new endeavors.

Ellen Corbet, who was first employed at P&A in 1986. Ellen has been a valuable employee in several of our P&A programs. Ellen is leaving her position as Fair Housing Coordinator to return to Hawaii and pursue other career goals. Good luck Ellen!

A Warm P&A Welcome To:

Rosario Campos, our new receptionist, who comes to us from Catholic Social Services of Santa Fe. Rosario is fluent in Spanish and will be a valuable asset to our team.

Well-deserved Promotions go To:

Ann Chavez, who has been promoted to Senior Advocate. Ann has been with P&A since 1994;

Bernadine Chavez has been promoted to Coordinator of the Information and Training Unit. Bernadine has been with us since 1988;

Ileana Johnson, our former receptionist, has been promoted to Intake worker. Ileana has been with P&A since 1992;

Greg Trapp has been promoted to Senior Attorney. Greg has been with the agency since 1992.

This section in El Guardián will highlight personal stories and concerns impacting New Mexicans who are dealing with disability issues. Please let us know if you, a friend or family member has an advocacy story to add.

P&A does not necessarily agree with the viewpoints expressed herein.

WHAT IS AN IRON HORSE?
--Vince Montano, Sr. Advocate

If you think it is an old fashioned locomotive, well, not quite. It is an innovative design for one of the strongest, sturdiest wheelchairs on the market today. It is made at the Iron Horse Productions Company, in Port Huron, Michigan. How does P&A know about this? It is because of our advocacy efforts here at P&A, on behalf of one of our clients.

Just imagine: you're a paraplegic, you live on the Navajo Reservation far away from urban New Mexico, and you have to wheel more than two miles over rough terrain just so you can get to a telephone! In a conventional wheelchair-there's no way, but you can if you have the right type of equipment. Our client, an "Iron Horse" himself, did much of that in a conventional wheelchair with many break downs. This young gentleman actually wheels just about everywhere he has to go - to the store, to the telephone, to his wonderful and plentiful garden and, at times, even long distances of over 40 - 50 miles, and in the roughest terrain imaginable.

Well, no longer! The Division of Vocational Rehabilitation (DVR) and the Navajo Nation, Office of Special Education and Rehabilitative Services (OSERS), believe it or not, jointly put together a rehabilitation plan to provide this young gentleman with an Iron Horse Wheelchair. With the assistance of a P&A senior advocate, countless hours of convincing the "powers that be", many hours of negotiating and a client who would not take no for an answer, it happened!!

And that's not all....This same young gentleman, with the assistance of one of P&A's great advocates, will also be receiving a brand new vehicle! No, this is not Bob Barker talking, just us here at P&A. The vehicle is a 4 X 4 extended cab pickup truck, with a third door and plenty of room for the new wheelchair. Of course, this is absolutely necessary and essentially required for this young man to conduct his business as a self-employed traditional Navajo silversmith. To put it in the words of our client, "Miracles do happen, thanks to P&A."

P&A Board of Directors:
Larry Lorenzo: President
Sherry Watson: Vice-President
Orlando Girón: Secretary-Treasurer
Jim Jackson: Executive Director

El Guardián Staff:
Editor: Joan Curtiss
Production/Layout: Kathleen Mahoney
Assistant Editors: Rona Wagner
Ileana Johnson

VAUGHN IEP GETS APPLAUSE
-- Ann D. Chavez, Sr. Advocate

Special Education advocacy for an individual in the Vaughn School District recently resulted in an improved IEP for the student and an increased awareness of school staff and superintendent of the necessity of paying attention to an individual's needs when constructing an IEP.

Several months ago a parent from the Vaughn School District called requesting P&A advocacy services to obtain an appropriate IEP for her son, who had been suspended. We helped the parent compose a complaint to the New Mexico State Department of Education addressing three issues that the parent felt needed changing. After two delays in the reporting deadline, the NMSDE found in favor of the parent in the matter of the deficient IEP and the school district was ordered to make the necessary changes. The superintendent of the school district attended the IEP and the team created an excellent program for the student. The superintendent also promised to make sure that the IEP's of all the special education students in the district will be carefully drafted, paying attention to each individual's needs. The parent said her son got even more services and support than she had asked for, thanks to the help of P&A.

ASK ROZ - THE FAIR HOUSING ACT
-- Roz Byron, Senior Advocate
Q. What is it?
A. The Fair Housing Act prohibits discrimination in housing because of:
· Handicap
· Religion
· Sex
· National Origin
· Financial Status

Q. How Do the 1988 Amendments to the Federal Fair Housing Act Define Handicap?

A. A person who meets the following criteria:

· The person has a physical or mental impairment which substantially limits one or more major life activities, or

· The person has a record of such impairment, or

· The person is regarded as having such impairment

Q. Can someone refuse to rent to you or sell you a house because you have a handicap?

A. NO!

Q. Can they tell you that housing is not available if it is?

A. NO!

Q. Does the Act apply to all housing?

A. There are two principal exemptions:

· Owner occupied housing for four or fewer families (except for discriminatory advertising practices)

· Rental or sale of a single family house by an owner who does not have an interest in more than three such houses, or who has not sold a house in the previous 24 months, or who does not use a real estate broker or agent to sell or rent.

PAAT Obtains Breakthrough in Medicaid Funding of AAC Devices

-- Greg D. Trapp, Sr. Staff Attorney

Our Protection and Advocacy for Assistive Technology (PAAT) program has recently obtained a significant breakthrough which we believe will lead to increased availability of augmentative and alternative communication (AAC) devices in New Mexico. AAC devices usually work by producing an electronically generated voice. Perhaps the best known example of a person who uses an AAC device is that of famed physicist Stephen Hawking. Prior to our breakthrough, New Mexico was one of only a handful of states which did not fund AAC devices under Medicaid. As a result of our advocacy, New Mexico will now join those states which fund AAC devices through Medicaid.

Our first progress came in January when the Medical Assistance Division notified managed care organizations that AAC devices may be a covered benefit for children and youth under the Medicaid provisions for Early and Periodic Screening, Diagnosis and Treatment (EPSDT). Persons who are younger than 21 years of age are eligible to receive Medicaid services under EPSDT. On June 5, the Medical Assistance Division issued a formal guidance statement to managed care organizations on EPSDT funding of AAC devices. In August, we learned that one of our clients, an elementary student, had her AAC device approved under EPSDT. Our young client was the first person to receive an AAC device as a result of our AAC initiative.

However, because significant numbers of persons needing AAC devices were adults not covered by EPSDT, we continued to advocate for Medicaid funding of AAC devices for adults. Our efforts succeeded in August when the Medical Assistance Division agreed to draft regulations for Medicaid funding of AAC devices for adults. While there still exists some bureaucratic barriers, the change is a tremendous step towards meeting the needs of New Mexicans who require AAC devices.

Advocacy 101: Resolving Problems

-- Bernadine Chavez, I&T Coordinator

Before you can solve a problem, you need to identify it. Some problems are clear -- but sometimes there are several interrelated problems which have no easy solution. It is important that you know exactly how you want these problems resolved. You must be able to explain not only what the problem is, but how it can be resolved in your favor. If the problem is complicated, sort out the issues and think of a step-by-step process that can help you move toward a solution.

Getting to understand what you want usually takes some free-thinking. Brainstorm all possible solutions and make a list of the pros and cons of each outcome that you want.

Now, go back and look at the cause of the problem. Have you been denied services because of an interpretation of rules or regulations, lack of money, or unavailability of services?

Every problem has a solution and it is in your interest to find the best solution for your problem. Money may need to be obtained, someone's mind may need to be changed, regulations may need to be interpreted differently, or people may just simply need to agree on what the problem is. If possible, ask each person involved for suggestions of potential solutions.

Know your legal rights! Find out what laws, regulations, standards, policies or rules apply to your situation. Find out how they have been interpreted in situations like yours in the past. Are there any deadlines which must be met? Is there a specific procedure or process that must be followed? Can adverse decisions be reversed and who has the power to reverse them?

By answering all of these questions and following the above steps, you can formulate a plan to resolve your issues. Remember to find out what your rights are.

Coming up next issue: Strategies for Self-Advocates and Record Keeping.

-- Becky Jiron, Esq.

The CCC Committee began in 1994, when the legislature acknowledged the need for culturally competent services for Native American individuals and their families, within the developmental disabilities system. Under the leadership of Dr. Javier Aceves, then director of the D.D. Division, the Committee was expanded to include the various cultures in New Mexico.

The Committee's mission statement includes the following: "Cultural competence embraces the philosophy that it is our shared humanity that binds us all and that cultural differences are to be celebrated and respected." The Committee's mission is to enhance and support culturally competent services. This will be accomplished through various mechanisms such as ensuring that all policies and procedures or other regulations promulgated by the Department of Health are culturally sensitive, that information is provided to families and individuals in their native language, that staff exhibit culturally competent knowledge, skills and abilities as they interact with persons served and their families.

Members of the committee include providers, LTSD staff, DHI staff, regional office staff from four regions, advocacy staff and families. The members are making an effort to include consumers on the Committee. One of the main problems is the lack of funds which could assist consumers in attending the meetings.

To date, the Committee has numerous accomplishments. These include the following:

· As a result of the Committee's promotion of culturally competent training for all providers, the statewide training curriculum now incorporates cultural competence.

· The Committee developed questions which address culturally appropriate services to include in the statewide audit of the quality of services provided to individuals in the community. These are included as part of the audit instrument. The most recent audit recommended that documents should be provided in the parent/guardian's primary language, and interpreters should be provided, as necessary.

The Committee has provided comments which address cultural competency for policies, regulations and guidelines promulgated by the Department of Health.

For the upcoming year, the Committee is in the process of developing a strategic plan. Meetings are held once a month and are rotated in the various regions of the state.

If you are interested in obtaining more information about the Committee, please contact Mike Montez at 841-8765.

MEET THE P&A BOARD OF DIRECTORS!

Protection and Advocacy System is proud to introduce its Board of Directors! Election of officers was conducted at the last Board meeting, which was held September 25, 1998. Elected as President was Larry Lorenzo, Vice-President is Sherry Watson, and Treasurer is Orlando Girón.

LARRY LORENZO, Board President. Mr. Lorenzo does contract work as an ADA Specialist and Compliance Officer. Larry lives in Álamogordo, New Mexico. Mr. Lorenzo is Hispanic and he is blind. He is also a promoter of musical talent.

SHERRY WATSON, Board Vice President.

Ms. Watson was instrumental in organizing an Independent Living Center in Farmington, New Mexico, and serves as its staff Director. Sherry is the former Chairperson of the New Mexico Brain Injury Advisory Council. Ms. Watson resides in Aztec, New Mexico.

ORLANDO GIRÓN, Board SecretaryTreasurer.

Mr. Girón is retired from a position as Director of the Division of Vocational Rehabilitation (DVR) within the State Department of Education, and more recently as controller for a subcontractor to the Los Álamos National Laboratories. Mr. Girón is Hispanic and lives in Pojoaque, New Mexico.

Protection and Advocacy looks forward to a productive year with our new officers. Look for other Board members to be featured in our next issue!

P&A PRIORITIES

Well, it's that time of year again -- no, we're not talking about the State Fair or the Albuquerque International Balloon Fiesta! It's that time of year when P&A finalizes it priorities for the new program year.

This year, public hearings were held in Las Vegas and Carlsbad, New Mexico. Public comment was gathered from these hearings as well as written comments that were submitted directly to P&A. Staff spent time reviewing previous cases and requests for services that were made throughout the year. All this information was compiled into proposed changes for the coming year. The proposed changes were submitted to the P&A Board for their input and approval. The final priorities were adopted by the Board on September 25, 1998.

If you wish to have a copy of our priorities, please contact our office and we will be happy to send you a copy in the format that you choose or require. Thanks to all who provided input into this process!

We welcome any comments or articles related to disabilities you wish to submit for publication--please address your letters to the attention of our Editor, Joan Curtiss