http://www.flash.net/~odlcokc/

http: //www.protectionandadvocacy.com

Oklahoma Disability Law Center=s managed care priority has eight objectives to be achieved during FY98. At mid-fiscal year, ODLC has achieved the following with respect to each objective (A copy of ODLC=s priorities and objectives are on its website located at (http: //www.flash.net/~odlcokc/398nl.html). A hard copy may be obtained directly from ODLC=s offices in either Oklahoma City or Tulsa.

1. Identify resources for obtaining information and technical assistance. This objective has been accomplished. ODLC located major resources and developed some of its own. Resources will continue to be developed as needed.

2. Identify advocacy issues, partners and strategies. This objective has been accomplished. Moura Robertson identified two major legal issues: (a) Are the managed care organizations and their subcontractors complying with the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973? (b) What are the contours of the grievance procedures and are due process rights protected? ODLC has identified partners. In the mental health area, ODLC located major organizations and a variety of individuals. In the developmental disability area, ODLC located major organizations. Some organizations representing discrete disability populations (included within ABD) are not included, but have been identified.

3. Train ODLC staff on managed care systems and issues. Moura has done this throughout the year. By the nature of the managed care issues and the impacted populations, this is an on-going process. A basic tutorial has been developed:

ODLC=s legal back up center…………………………. http: //www.healthlaw.org

Primer on health care contracting……………………… http: //www.healthlaw.org/contractintro.html

Model contract provisions…………………………….. http://www.healthlaw.org/contracts.html

Model complaint process……………………………... http: //www.healthlaw.org/grievancemodel.html

Advocacy checklist for people with disabilities………… http: //www.healthlaw.org/checklist-disabilities.html

Advocacy checklist for children……………………….. http: //www.healthlaw.org/checklist-epsdt.html

Making consumer voices heard,protection&satisfaction... http: //www.healthlaw.org/execsumm.html

Monitoring tools………………………………………. http: //www.healthlaw.org/tools.html

Consumer education brochures………………………... http: //www.healthlaw.org/casey.html

Managed care fact sheets……………………………… http: //www.healthlaw.org/mafact.html

Docket of managed care cases………………………… http: //www.healthlaw.org/docket.html

Jane Perkins= managed care update, Feb. 1988……….. http: //www.healthlaw.org/mcup9802.html

4. Build consumer coalition. ODLC initiated this activity in June, 1997. The coalition began with a few consumer-oriented organizations from the mental health community and expanded to include additional organizations and individuals as well as both mental illness and developmental disabilities. During the past year the coalition met regularly and worked with the Oklahoma Health Care Authority, among others, to understand and impact Oklahoma=s move to a system of managed care. ODLC continues to provide technical assistance to the coalition, consistent with ODLC=s mission and priorities.

5. Train coalition members on managed care systems and issues. ODLC has accomplished this. Moura has trained members throughout the year, documenting each month=s accomplishments. The coalition is in the process of developing a position paper that will complete the process. Training may be needed in the future.

6. Develop self-advocacy program with supporting literature. More remains to be done on this objective. The self-advocacy program involves two areas: (a) learning about the managed care system so the consumer can become a meaningful participant and (b) once the grievance system is developed, providing the consumer with the tools necessary to pursue his or her own grievance in the system.

7. Evaluate managed care contracts. Moura has evaluated contracts throughout the year. The webpages with checklists (above) enable a consumer to evaluate a managed care contract with respect to which clauses are, or are not, included within a managed care contract.

8. Provide advice on how proposed legislation and rules will impact people with disabilities. ODLC has commented, where appropriate. Review in this area is expected to continue throughout the fiscal year.

A well rounded self-advocacy program with supporting literature remains ODLC=s only priority and objective remaining to be accomplished before the end of the fiscal year. This is where ODLC=s primary focus will be placed. ODLC continues to provide technical assistance to the coalition, consistent with ODLC=s mission. ODLC will seek to increase the knowledge base of individuals with disabilities so they may become active participants in a managed care system that will attempt to serve their needs. ODLC believes people with disabilities will benefit from their increased knowledge and the existence of a strong coalition to address issues as they arise. The diversity of talent of coalition members and their acting in concert will serve to shape a managed care system that is responsive to the needs of people with disabilities.

Since March, 1998, PRO-Oklahoma has maintained an additional office in our law center in Tulsa. The address is 2828 East 51^st Street, Suite 302 of the Interim Plaza Building. The phone number is 1-918-743-6220 (v/tdd) and 1-800-226-5883 (v/tdd). The fax number is 1-918-743-7157.

For almost a year now, PRO has been handling the initial intakes for educational problems in the school districts. ODLC has then been teaming up with PRO to achieve results which are consistent with the educational statutes and regulations. ODLC and PRO have conducted, and are planning to conduct, training sessions for the newly reauthorized IDEA-97. Let us know if you need a copy of PRO=s ABasic Rights@ Handbook and ODLC=s AProcedural Safeguards@ Handbook.

We need your input! We need to know your suggestions for improving our (ODLC and PRO, that is) working relationship for the advantage of students with disabilities. PRO-OKLAHOMA=s web page is http://ucp.org/probase.htm/. ODLC=s web page is http://www.flash.net/~odlcokc/.

Are you receiving the Redlands= Partners Update? If not, call Valerie Williams= office to be placed on the mailing list. (405) 271-4500.

Do you need ADA posters, bookmarks, stickers or Atickets@ for parking violation reminders? Call Ann Trudgeon=s office. (405) 528-0955 or 800-836-4470.

ODLC successfully resolved, by court order, a lawsuit in the United States District Court for the Western District, Case No. CIV-96-1518. On June 3, 1998, Judge Wayne Alley signed a consent order implementing an ADA barrier removal plan for the American Fidelity Building in Pauls Valley, OK. Exterior approach accessibility modifications are included for parking and approach areas. Interior route accessibility modifications are included for door passage modifications, signage, elevator and the drinking fountain. Public restroom accessibility modifications were included

ODLC successfully participated in resolution by mediation for wheelchair access to the First Fidelity Bank in Norman, OK. The mediation was conducted after ODLC=s client filed a complaint at the U. S. Department of Justice in Washington, D.C. and was assigned to Keybridge Foundation of Virginia for federal mediation.

ODLC assisted with preparation of complaints to the United States Department of Justice complaints for students using wheel chairs who were denied access to a public accommodation while on a school-sponsored trip

TECHNICAL ASSISTANCE: The ADA Technical Assistance Program is a federally funded network of grantees which provides information, training and technical assistance to businesses and agencies with duties and responsibilities under the ADA and to people with disabilities with rights under ADA. Ten regional centers provide information and referral, technical assistance, public awareness and training on all aspects of the ADA. To contact a center in your region, call 800-949-4232.

ODLC created packets for understanding and completing Title II and Title III complaints to the United States Department of Justice. If you are experiencing discrimination based on disability by either a governmental agency or a public accommodation, call ODLC=s Tulsa or Oklahoma City office for complaint forms.

Complaints: 800-669-4000(v) and 800-669-3302(TT)

Documents: 800-669-3362 (v) and 800-800-3302(TT)

Civil Rights Div., Disability Rights Section

800-514-0301 (v)

800-514-0383 (TT)

(800) 993-2822 (TT)

(800) 872-2253 (v)

Documents: 202-366-1656(v)

202-366-4567 (TT)

Legal: 202-755-7687(v/TT)

Complaints: 202-366-8538 (v/TT)

General ADA: 202-366-1656 (v)

202-755-7687 (TT)

Legal DOT/ADA: 202-366-1936 (v)

202-755-7687 (TT)

Complaints--DOT: 202-366-2285

800-231-2061

Documents: 202-418-0190 (v)

202-418-2555 (TT)

Legal: 202-418-2357 (v)

202-418-0484 (TT)

Complaints: 202-632-7553 (v)

202-418-0485 (TT)

202-376-6200 (v) and 202-376-6205 (TT)

800-526-7234 (v/TT)

301-763-8576

404-639-3311

202-272-2004 (v)

202-272-2074 (TT)

On June 15, 1998, the United States Supreme Court issued a unanimous ruling in Pennsylvania Dept. of Corrections v. Yeskey, that state prisons are covered by Title II of the ADA. This case arose when an inmate with a history of hypertension was denied access to a prison=s motivational boot camp program. Had the inmate been permitted to participate in this program, he would have bene eligible for release from prison in six months instead of 18 to 36 months. In ruling that the ADA applies to state prisoners, the Supreme Court found that state prisons fall squarely within the ADA Title II definition of Apublic entity.@ The National Association of Protection and Advocacy Systems (NAPAS) submitted an amicus brief on behalf of the person with a disability. Copies of the Yeskey opinion may be downloaded from the internet at

http: //supct.law.cornell.edu/supct/html/97-634ZOhtml.

Ordinarily, an individual must be a resident of the State of Oklahoma with a legal problem that can be handled in the State in order to be eligible for legal services. As a courtesy to other protection and advocacy systems and under certain limited conditions, ODLC may accept referrals of clients residing outside of Oklahoma when the client=s legal problem must be resolved in the State of Oklahoma.

ODLC does not employ any kind of means testing to determine client eligibility. The income and resources of clients, family members acting on their behalf, and guardians may be relevant, however, for the following purposes:

• to determine whether clients or persons acting on their behalf are able to contribute to the payment of necessary court costs and litigation expenses.
• to determine whether alternative legal or advocacy services are available.

To be eligible for legal services in the PADD program, an applicant must be a person with a developmental disability (a severe and chronic disability that is attributable to a mental and/or physical impairment manifested before the age of 22 that is likely to continue indefinitely, results in substantial functional limitations in three or more areas of major life activity and reflects the person=s need for services that are of lifelong and extended duration. For infants from birth to age 5, the individuals must have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

To be eligible for legal services in the PAIMI program, an applicant must have a significant mental illness or emotional impairment, as determined by a qualified health professional, and meet one of the following criteria:

• be an inpatient or resident in a facility rendering care and treatment; or
• be in the process of being admitted to a facility rendering are and treatment; or
• be involuntarily confined in a municipal detention facility for reasons other than criminal conviction; or
• present a legal problem with respect to a matter that occurred during residential placement or within ninety (90) days after discharge from a facility providing care an treatment.

Facilities rendering care and treatment include but are not necessarily limited to public and private mental hospitals, residential treatment centers, residential schools, supervised apartments, halfway houses, group homes, room and board homes (residential care facilities), nursing homes, rehabilitation centers, veteran=s hospitals an forensic units in jails or prisons.

Individuals with mental illness are not eligible for legal services in the PAIMI program for representation at civil commitment proceedings; provided that, such individuals are eligible in cases that seek to challenge or appeal deprivations of due process of law or other constitutional rights in the civil commitment process.

To be eligible for legal services in the PAIR program, an applicant must be a person with a disability and meet one of the following criteria:

• be an individual who is not eligible for protection and advocacy services under the PADD, PAIMI, and CAP programs; or
• be an individual who is eligible for CAP, but who needs protection and advocacy services other than the services authorized under the CAP. The services authorized by CAP are protection and advocacy services, exclusive of class actions, to secure the benefits available under the Rehabilitation Act of 1973, as amended.

director=s e-mail address

program coordinator=s e-mail address

Oklahoma City Office

2915 Classen Blvd., Suite 300

Oklahoma City, OK 73106

(405) 525-7755 (v/tdd)

(800) 880-7755 (v/tdd)

(405) 525-7759 (fax)

Tulsa Office

2828 East 51st Street

Interim Building, Suite 302

Tulsa, OK 74146

(918) 743-6220 (v/tdd)

(800) 226-5883 (v/tdd)

(918) 743-7157 (fax)

This page created by: