[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Notices]
[Pages 26204-26206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09422]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
www.reginfo.gov/public/do/PRAMain 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 [email protected].

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.

----------------------------------------------------------------------------------------------------------------
              Organization                      Section                  Comment                  Response
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
             57                  1                128             7,296
------------------------------------------------------------------------

    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.

------------------------------------------------------------------------
                                                         Annual hours
                                                      estimate (based on
                         PPR                             previous OMB
                                                       burden estimates
------------------------------------------------------------------------
PADD................................................                  90
PAAT................................................                  16
PATBI...............................................                  16
HAVA................................................                  20
ONE PPR.............................................                 128
------------------------------------------------------------------------


    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