PATBI Program

Protection and Advocacy for Persons with Traumatic Brain Injury (PATBI) Program

Monitor facilities where care is provided to individuals with traumatic brain injuries including monitoring the impact of COVID-19 on residents of institution, including management of risk and quality of life issues

• Institutions serving people with traumatic brain injuries 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 traumatic brain injuries where DRC-NH has probable cause to suspect abuse or neglect.

Ensure youth with traumatic brain injuries in the foster care system can access needed medical services in the least restrictive environment

Protect DRC-NH’s access authority whenever it is in question

Provide counseling and advice to eligible people with traumatic brain injuries with problems in the broad areas outlined below. 

• Abuse or neglect
• Accessibility of communities and services
• Access to appropriate supports in their least restrictive environment in area agencies, schools and in the community for children and adults with traumatic brain injuries
• Access to employment
• Disability discrimination in housing
• Appropriate area agency services for individuals on the waiting list
• Services for children with traumatic brain injuries ages 0-3
• Children’s right to secure FAPE (free appropriate public education), compensatory education and extended school year services as a result of COVID-19
• Applied behavior analysis for children for whom it is medically necessary
• Choice of case manager/service coordinator
• Reductions in or terminations of Medicaid services without proper notice
• Bullying of children with disabilities
• Access to due process rights in Medicaid denials, terminations and reduction
• Opportunities to empower people with traumatic brain injuries to make decisions including alternatives to guardianship

Provide limited or full representation to eligible people with traumatic brain injuries in the following areas:

• Improper use of risk assessments resulting in denials of services and/or overly restrictive service settings
• Access to area agency services for individuals with traumatic brain injuries aged 18-21
• Access to home and community based services for individuals currently in out of state institutions or institutions within NH or who are at risk of such placements
• Exclusions, suspensions or expulsions from school
• Restraint and seclusion in school
• School services in the least restrictive environment
• Children’s right to secure FAPE (free appropriate public education), compensatory education and extended school year services as a result of COVID-19
• Egregious violations of rights in area agency services after informal efforts to resolve the problem have been unsuccessful
• 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 traumatic brain injuries.

• Educate on the impact of proposed legislation on people with traumatic brain injuries in NH as resources allow.
• Educate on the impact of proposed regulations on people with traumatic brain injuries in NH as resources allow.

Funded by PATBI and other

• School discipline
  • Educate legislators and DOE staff regarding effects of exclusionary discipline on children with disabilities.
  • In conjunction with ACLU and NHLA, analyze OCR and other available data on impact of discipline policies and practices in NH schools.
  • Monitor expected legislation on exclusionary discipline.
• Juvenile justice
  • Analyze adequacy of current service system outside of SYSC.
  • Educate legislators and DHHS staff regarding same.
  • Monitor expected legislation in JJ area.
• Restraint and Seclusion of children
  • Analyze adequacy of DHHS and DOE compliance with RSA126-U.
  • Educate DHHS and DOE staff regarding rulemaking requirements of same.
• Supported Decision Making

Other Systemic Advocacy

DRC-NH will monitor these issues and advocate for systemic improvements as resources allow.

• Implementation of the HCBS settings rule
• Conflict of interest case management changes
• Managed care for long term care
• Disability issues in jails and prisons
• Elder law issues
• CFI systemic issues
• Compliance with RSA 126U
• Rules that exceed federal minimums
• Special education issues in jails and prisons
• AA reductions and terminations without notice
• VR – Order of selection implementation
• 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

Communicate to people with traumatic brain injuries, family members and others regarding the rights of and issues impacting people with traumatic brain injuries. 

• Conduct outreach and training as limited resources allow. Priority will be given to outreach and training:
• Communicate via DRC-NH e-news, social media and website
• Communicate via the media
• Publish the Disability RAPP
• Develop and distribute brochures and written materials. Priority will be given to the development of written materials in areas where we are not providing representation.

Ensure DRC-NH collaborates with other groups and organizations on the rights of and issues impacting people with traumatic brain injuries via committee work

• Incapacitated and Vulnerable Adult Fatality Review Commission
• Quality Council
• ABLE NH
• NH Brain Injury Association Provider Council