The Protection and Advocacy for Individual Rights (PAIR) Program
Monitor facilities where care is provided to individuals with disabilities including monitoring the impact of COVID-19 on residents of institution, including management of risk and quality of life issues
- Selected nursing homes identified as underperforming
- Institutions serving people with physical disabilities where DRC-NH has reason to suspect abuse, neglect, the improper use of restraint or seclusion or other issues with the care of patients/residents
Investigate significant abuse or death of an individual with disabilities where DRC-NH has probable cause to suspect abuse or neglect.
Protect DRC-NH’s access authority whenever it is in question
Ensure youth with physical disabilities in the foster care system can access needed services in the least restrictive environment
Ensure access to needed service for individuals in institutions or at risk of placement in institutions
Advocate for voters who are blind or with print disabilities to vote privately and independently by absentee ballot
Provide counseling and advice to eligible people with disabilities with problems in the broad areas outlined below.
- Abuse and neglect
- Access supports and services for adults with disabilities in their homes and communities
- Accessibility of communities and services
- Appropriate supports for children in the least restrictive environment in schools and in the community
- Employment
- Housing discrimination
- Choice of case manager/service coordinator
- Bullying of children with disabilities
- Children’s right to secure FAPE (free appropriate public education), compensatory education and extended school year services as a result of COVID-19
- Access to due process rights in Medicaid denials, terminations and reduction
- Opportunities to empower people with disabilities to make decisions including alternatives to guardianship
Provide limited or full representation to eligible people with disabilities in the following areas:
- Illegal discharges from nursing homes
- Denials of or delays in accessing services via the CFI waiver
- Egregious violations of rights regarding the CFI waiver after informal efforts to resolve the problem have been unsuccessful
- Denials of effective interpreter services
- Exclusions from school
- Restraint and seclusion in school
- Children’s right to secure FAPE (free appropriate public education), compensatory education and extended school year services as a result of COVID-19
- Physical and Programmatic Accessibility
- Reasonable accommodations in hospital and facility visitor policies
In accepting cases for limited or full representation, DRC-NH will consider the following:
- Does the case have legal merit?
- Do we have the capacity, funding and expertise to provide quality representation?
- Does the case fit within our priorities?
- What is the likelihood that our advocacy would make a positive difference to people with disabilities?
- Would our advocacy result in services being provided in a more integrated setting?
Learn more about our case criteria and exclusions
Ensure policy makers are aware of the impact of laws and regulations on the rights of and issues impacting people with disabilities.
- Educate on the impact of proposed legislation on people with disabilities in NH as resources allow.
- Educate on the impact of proposed regulations on people with disabilities in NH as resources allow.
- Supported Decision Making
Conduct outreach and training to people with disabilities, family members and others regarding the rights of and issues impacting people with disabilities.
- Conduct outreach and training as limited resources allow.
- Communicate via DRC-NH e-news, social media and website
- Communicate via the media
- Publish Disability RAPP
- Develop and distribute brochures and written materials.
Other Systemic Advocacy
DRC-NH will monitor these issues and advocate for systemic improvements as resources allow.
- Implementation of the HCBS settings rule
- Managed care for long term care
- Access to services for children who are deaf
- Elder law issues
- Compliance with RSA 126U
- CFI systemic issues
- Rules that exceed federal minimums
- Alternatives to Guardianship
- Impact of COVID-19
- Oversight of state and hospital crisis standards of care plans and triage guidelines
- Discrimination in testing or prioritization of resources
- Access to disability services in the manner that best meets the need of the person with a disability
- COVID-19 treatment and care for people in long term care facilities
Ensure DRC-NH collaborates with other groups and organizations on the rights of and issues impacting people with disabilities via committee work
- NH Commission on Deafness and Hearing Loss – SP
- MCAC – KR
- Access to Justice -PP
- Incapacitated and Vulnerable Adult Fatality Review Commission -SP
- State Advisory Committee on the Education of Students/Children with Disabilities – KR
- Office of the Long Term Care Ombudsman Advisory Committee – SP
