Notice2022-09422
Agency Information Collection Activities; Submission for OMB Review; Public Comment Request; of the One Protection and Advocacy Annual Program Performance Report OMB #0985-0063
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Published
May 3, 2022
Issuing agencies
Health and Human Services DepartmentCommunity Living Administration
Abstract
The Administration for Community Living is announcing that the proposed collection of information listed above has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. This 30-Day notice collects comments on the information collection requirements related to the information collection requirements of the One Protection and Advocacy Annual Program Performance Report.
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<title>Federal Register, Volume 87 Issue 85 (Tuesday, May 3, 2022)</title>
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[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Notices]
[Pages 26204-26206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09422]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Community Living
Agency Information Collection Activities; Submission for OMB
Review; Public Comment Request; of the One Protection and Advocacy
Annual Program Performance Report OMB #0985-0063
AGENCY: Administration for Community Living, Department of Health and
Human Services.
ACTION: Notice.
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SUMMARY: The Administration for Community Living is announcing that the
proposed collection of information listed above has been submitted to
the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995. This 30-Day notice collects
comments on the information collection requirements related to the
information collection requirements of the One Protection and Advocacy
Annual Program Performance Report.
DATES: Submit written comments on the collection of information by June
2, 2022.
ADDRESSES: Submit written comments and recommendations for the proposed
information collection within 30 days of publication of this notice to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a> Find the information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function. By mail to the Office of Information
and Regulatory Affairs, OMB, New Executive Office Bldg., 725 17th St.
NW, Rm. 10235, Washington, DC 20503, Attn: OMB Desk Officer for ACL.
FOR FURTHER INFORMATION CONTACT: Ophelia McLain, (202) 795-7401 or
Email <a href="/cdn-cgi/l/email-protection#442b342c21282d256a292728252d2a042527286a2c2c376a232b32"><span class="__cf_email__" data-cfemail="e58a958d80898c84cb888689848c8ba5848689cb8d8d96cb828a93">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a revision to a currently approved
information collection (IC) the Protection and Advocacy One Program
Performance Report (PPR). The One PRR is comprised of four required
annual reports as follows: (1) Developmental Disabilities Protection
and Advocacy Systems Program Performance Report, (2) Protection and
Advocacy for Assistive Technology (PAAT) Program Performance Report;
(3) Protection and Advocacy Voting Access Annual Report (Help America
Vote Act) (HAVA); and (4) Protection and Advocacy for Traumatic Brain
Injury (PATBI) Program Performance Report.
Each P&A submits using the One-PPR one report for each of the four
funding sources administered by ACL. As with each funding source, there
is a reporting requirement. The revision under this clearance includes
information collection based on funding from the Centers for Disease
Control and Prevention to increase access to COVID-19 vaccines (ACCESS)
and funding under Section 2501 of the American Rescue Plan Act of 2021
(Pub. L. 117-2) to expand the Public Health Workforce (PHWF) provided
under). In an effort to reduce the burden on the P&As, each will
continue to submit one report for all funding sources; however, as of
FY2022, the report will incorporate the activities undertaken for the
ACCESS and PHWF funding by creating a new goal or priority in Part 2C
and adding the narrative in Part 2.C.4 (Rationale for Adding/Changing
Goal) or 2.C.5 (Rationale for Adding/Changing Priority). The guidance
document provides a description of the data elements to be included in
this section of the One-PPR template.
State Protection and Advocacy (P&A) Systems in each State and
Territory provide individual legal advocacy, systemic advocacy,
monitoring, and investigations to protect and advance the rights of
people with developmental disabilities, using funding administered by
the Administration on Disabilities (AoD), Administration for Community
Living, HHS. To meet statutory reporting requirements, P&As use these
forms for submitting annual reports.
The PPRs are reviewed by federal staff for compliance and outcomes.
Information in the reports is analyzed to create a national profile of
programmatic compliance, outcomes, and goals and priorities for P&A
Systems for tracking accomplishments against goals and to formulate
areas of technical assistance related to compliance with Federal
requirements. Information collected informs AoD of trends in P&A
advocacy, facilitate collaboration with other federally funded
entities, and identify best practices for the efficient use of federal
funds.
Additionally, the information is used to provide a national
perspective on where the program is going (prospective view), and to
provide a gage for program accomplishments against program objectives
for purposes of identifying continuing challenges and formulating
technical assistance and management support provided to P&A systems.
Comments in Response to the 60-Day Federal Register Notice
The 60-day notice Federal Register, Vol. 87, No. 26 7182 FRN was
published on February 8, 2022. ACL received 32 comments from 7 entities
in response to the 60-day notice. Comments included concerns relating
to demographic information, burden of effort, estimate of the
developmental disabilities' population, and clarification needed in the
guidance document. ACL's responses to these comments are included
below.
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Organization Section Comment Response
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Disability Rights Maine................. 1C................. Noted demographic ACL intends to update
information collected this element to
could be improved to reflect appropriate
better reflect diversity options.
and cultural competency.
The current choices are
male and female.
Recommended including a
broad range of gender
identify options. In
addition, there is
limited information on
racial and ethnic
diversity of individuals
served. Recommended
including whether a
person is part of an
immigrant community.
Disability Rights Maine................. Part 3............. Recommended including Upon review of the
additional demographic current PPRs, no
information about the changes will be made
board, staff, and at this time.
advisory council, similar
to recommendations for 1C.
Disability Rights Maine................. None............... Burden of hours of 140 to As a result of the
compile the One-PPR is required
correct; however, this information, no
estimate does not include changes will be made
the amount of time spent at this time.
by staff to collect and
input required
information in its case
management system.
[[Page 26205]]
Disability Rights Michigan.............. None............... The amount of time spent As a result of the
for this report is required
cumbersome, unnecessarily information, no
duplicative, and feels changes will be made
unconnected to the at this time.
overall ``why''. The team
of four spent 203 hours
over 3 months to complete
the report. The time and
resources required to
complete this report
would be better spent
serving clients.
Additionally, the data
reporting requirements
also interact with this
P&A's timekeeping and
accounting systems,
creating additional
reporting complexity for
grant projects.
Recommended requesting
information similarly to
the PAIR report.
Disability Rights Michigan.............. 1A................. This comment relates to 1A- Upon review of the
I, 1J-P, 2A, 3A, 3B, 3C- current PPRs, no
J. The number of people changes will be made
served, cases closed, at this time.
cases opened, people
impacted, and other
categories are reported
in six sections of the
report. The data
reporting is duplicative
and confusing.
Disability Rights Michigan.............. 1C................. Gender reporting is ACL intends to update
currently limited to male this element to
and female. Recommended reflect appropriate
expanding the choice to options.
create a truer
description of the gender
identities of the people
served.
Disability Rights New York.............. 1C................. This section requires ACL intends to update
reporting on the gender this element to
of individuals serviced. reflect appropriate
The current choices are options.
male and female. P&As
across the nation proudly
support LGBTQ people with
disabilities. Recommended
permitting a broader
array of responses, which
would result in a
negligible increase in
the reporting burden on
the P&As. However, it
would make a marked
difference in the ability
of P&As to collect and
report accurate and
affirming gender
demographic information.
Disability Rights Pennsylvania.......... ................... Commend ACL and NDRN for Upon review of the
the important work and current PPRs, no
vital support and changes will be made
guidance provided. Would at this time.
like One-PPR streamlined
so as not to divert time
to reporting that could
be spent on substantive
work and to provide
information that is more
understandable,
straightforward, and
useful to the government
and the public.
Disability Rights Pennsylvania.......... 1L................. Most group cases are not Upon review of the
focused on specific current PPRs, no
living arrangements or changes will be made
ages, creating confusion at this time.
as to whether multiple
living arrangements or
ages should be chosen.
Disability Rights Pennsylvania.......... 1O................. Most group cases are not Upon review of the
focused on specific current PPRs, no
living arrangements or changes will be made
ages, creating confusion at this time.
as to whether multiple
living arrangements or
ages should be chosen.
Disability Rights Pennsylvania.......... 1P................. Seeks information about The guide has been
``race/ethnicity of updated.
groups served'' but noted
that the information is
included in IJ6.
Disability Rights Pennsylvania.......... 2A................. This reflects goals and Upon review of the
priorities for the current PPRs, no
completed fiscal year; changes will be made
unfortunately, the result at this time.
is not a reader-friendly
report. The result
narratives are
effectively limited to
activities that have
quantifiable outcomes
based on the performance
measurements, which are
not sufficiently
comprehensive.
Additionally, ``end
outcomes'' and
``performance measures''
are viewed as the same.
Disability Rights Pennsylvania.......... Part 3............. The term ``performance Upon review of the
measurements'' is current PPRs, no
confusing when it appears changes will be made
to mean ``end outcomes''. at this time.
Eleven end outcomes/
performance measures are
in some ways repetitive
and in many ways not
comprehensive.
Disability Rights Pennsylvania.......... 3A................. Reporting on end outcomes Upon review of the
for systemic litigation, current PPRs, no
educating policy makers, changes will be made
and other systemic at this time.
activities is challenging
because it does not
really allow P&A to avoid
duplication.
Disability Rights Pennsylvania.......... 3B................. One-PPR asks for the Upon review of the
number of people whose current PPRs, no
rights were advanced changes will be made
through class or system- at this time.
impact litigation and for
people whose rights were
enforced, protected, or
restored by non-
litigation group
activities. There is a
potential for duplication
due to data requested in
3A.
Disability Rights Pennsylvania.......... 2D................. Information in this Upon review of the
section is the same from current PPRs, no
year-to-year so it is changes will be made
unclear why it needs to at this time.
be repeated annually.
Disability Rights Pennsylvania.......... Part 5............. This section requires the Upon review of the
P&A to identify current PPRs, no
collaboration partners, changes will be made
but it is unclear what at this time.
constitutes a
collaboration partner.
Disability Rights Pennsylvania.......... 6C................. This section asks for Upon review of the
information on the number current PPRs, no
of Board members who are changes will be made
primary or secondary at this time.
PADD, PATBI, PAIMI, PAIR,
or PABSS consumers and
who are AT users. Some
board members may fall
into more than one
category but the P&A can
only choose to put them
in one category. This
information is not an
accurate reflection of
consumer involvement in
the Board.
Disability Rights Pennsylvania.......... ................... On page 20 of Guide, the While the 1.58% has
number of clients for not been changed, a
PADD can never exceed clarifying sentence
1.58% of a state's was added to the
population, yet the DD guide.
population almost
certainly exceed 1.58%.
Recommended updating this
figure or allowing each
P&A to calculate based on
their jurisdiction.
Disability Rights Pennsylvania.......... None............... Recommended reconsidering Upon review of the
the definition of current PPRs, no
``individual advocacy''. changes will be made
at this time.
Disability Rights Wisconsin............. 1B................. Recommended removing Upon review of the
problems and subproblems current PPRs, no
used infrequently. changes will be made
at this time.
Disability Rights Wisconsin............. 1E................. Noted #1 and #2 are not Upon review of the
mutually exclusive. current PPRs, no
Concerned about the way changes will be made
in which fully and at this time.
partially met goals are
categorized. Recommended
combining #8 and #9.
Disability Rights Wisconsin............. 1P................. Recommended revising Upon review of the
instructions relating to current PPRs, no
how group projects should changes will be made
be counted, to provide at this time.
clarity.
Disability Rights Wisconsin............. Part 2............. Noted it is time-consuming As a result of the
to provide narrative for required
each example. Recommended information, no
allowing for more broad changes will be made
discussion on goals and at this time.
priorities and eliminate
quantitative measures.
Disability Rights Wisconsin............. Part 3............. Noted small differences in Upon review of the
performance measures. current PPRs, no
Recommended changing changes will be made
performance measures in at this time.
Part 3D; 3F; 3G; and 3H.
Additional instructions
are needed in Guide.
Disability Rights Wisconsin............. Part 3.C........... Considered #3 duplicative Upon review of the
of Part 1E. current PPRs, no
changes will be made
at this time.
[[Page 26206]]
Disability Rights Wisconsin............. None............... Noted that report is As a result of the
extremely time consuming required
since data and narratives information, no
are requested in changes will be made
different ways. One-PPR at this time.
attempts to quantify
result of P&A work, but
it does not do enough to
ensure that numbers
reported have an
understandable meaning.
Additionally, there is
little guidance on what
numbers should be used
for various types of
activities. However, even
if this guidance was
thorough, there is too
much to report on.
Family & Friends of Care Facility None............... Reporting of use of public No changes were
Residents. funds to the recommended.
administering agency by
federal grantees is
necessary. Accurate, non-
partisan reporting by the
protection and advocacy
systems must be
foundational for ACL. As
the administering agency,
ACL must assure
accountability for the
proper use of federal
funds from the programs
for which it is
responsible. ACL's
responsibilities include
oversight of the
activities of four
programs created under
the Developmental
Disabilities Assistance
and Bill of Rights Act of
2000 (DD Act): (1)
Protection and Advocacy
System for Persons with
Developmental
Disabilities (PADD), (2)
State Councils on
Developmental
Disabilities (CDD), (3)
University Centers for
Excellence in
Developmental
Disabilities (UCEDD) and
(4) Projects of National
Significance (PNS).
Family & Friends of Care Facility ................... DD Act programs operate in Upon review of the
Residents. every state. Accurate current PPRs, no
reporting to ACL by the changes will be made
four DD Act programs, at this time.
including protection and
advocacy systems for
persons with
developmental
disabilities (PADD) is
fundamental in meeting
accountability
requirements for programs
receiving federal funds.
It is necessary that the
administering agency
(ACL) understand PADDs'
goals, activities and
outcomes for the nation's
diverse populations with
developmental
disabilities, the
situations of their
families and the range of
services offered by
states. The impact of
PADD's activities on
families of persons with
disabilities and the
states' human service
systems have not been
accurately reported. The
report forms used by PADD
do not transmit the
information of vulnerable
people living with
lifelong disabilities and
of federal grant programs
which use litigation as a
tool to eliminate long-
term care facilities for
citizens unable to care
for themselves (PADD's
``systems change''
goals). Further, it is
not a requirement of PADD
to submit data in their
reports to ACL on
mortality and sentinel
events (911 calls or ER
visits) of citizens with
cognitive and
developmental
disabilities. See for
example the deaths of
vulnerable residents in
GA and VA following their
forced transitions from
long-term care facilities.
Family & Friends of Care Facility None............... Persons who are impacted No changes were
Residents. by ACL policies and DD recommended.
Act program activities,
including P&As have been
excluded from
policymaking by the
agency. ACL last held
public hearings
(``Listening Sessions'')
in 2010. The nearest ACL
Listening Session to
Arkansas families was in
Dallas, Texas and three
of our family members
attended. Our experience
was that families of
persons with high-needs-
care and who receive
services in a long-term
care facility were
excluded from Day Two of
the listening session.
Despite our request
(submitted in writing to
ACL) to come to DC to
participate in the
agency's strategic
planning sessions, we
were not notified or
invited. Later, we found
the published reports of
the listening sessions to
be inaccurate and highly
partisan.
Family & Friends of Care Facility None............... Simple forms with boxes to Upon review of the
Residents. check are insufficient to current PPRs, no
accurately and fully changes will be made
report the diverse and at this time.
complex realities of the
population with
developmental
disabilities to ACL.
Health and safety of
persons unable to care
for themselves who are
nonverbal and for whom
there is no cure, their
aging primary caregivers,
the lack of specialized,
licensed long-term care
facilities for persons
with cognitive and
developmental
disabilities, and the use
of jails and hospitals as
emergency placements for
high-needs persons are
but some of the
information which ACL
should be receiving.
National Disability Rights Network...... 1C................. The choices for the gender ACL intends to update
demographic question, nor this element to
the two answers reflect appropriate
appropriately reflect the gender identity
time in which we live. It options.
is not uncommon for P&A
staff to feel constrained
by the traditional
definitions of female and
male. Recommended
broadening the choices
to: Male, Female, Not
Listed, Choose Not to
Answer.
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Estimated Program Burden: The following table summarizes the burden
hour estimate for this information collection:
------------------------------------------------------------------------
Number of
Number of states responses per Average burden Total hours
state hours per state
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57 1 128 7,296
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The estimates of annual burden to the States vary in accordance
with the size, program complexity, and technological capacity of the
States. The annual burden on this form is estimated to be 128 hours.
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Annual hours
estimate (based on
PPR previous OMB
burden estimates
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PADD................................................ 90
PAAT................................................ 16
PATBI............................................... 16
HAVA................................................ 20
ONE PPR............................................. 128
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Dated: April 26, 2022.
Alison Barkoff,
Acting Administrator and Assistant Secretary for Aging.
[FR Doc. 2022-09422 Filed 5-2-22; 8:45 am]
BILLING CODE 4154-01-P
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