From: Dave Zoellner [Zoellner@protectionandadvocacy-sc.org]
Sent: Wednesday, April 11, 2007 12:53 PM
To: Armstrong, Karen (SAMHSA/CMHS)
Subject: FW: Review and comments on PAIMI ACR Section of PPR
Attachments: Draft PAIMI ACR Section of PPR 1-11-07.doc

Karen: Here are my comments on the PAIMI Advisory Council Report form that I sent to Ms. King yesterday.

You should have a separate e-mail about the PAIMI PPR form itself.

David H. Zoellner, Managing Attorney
Protection and Advocacy for People with Disabilities, Inc.
1569 Sam Rittenberg Blvd.
Charleston SC 29407
zoellner@protectionandadvocacy-sc.org
843 763-8571
800 743-2553
CONFIDENTIAL LEGAL DOCUMENT---------------This email transmission may contain privileged and confidential legal information, intended only for the use of the individual(s) named herein. If the reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication or the information contained herein is strictly prohibited. If you have received this communication in error, please notify the sender immediately by voice at (800) 743-2553/(843) 763-8571 or by email at zoellner@protectionandadvocacy-sc.org. Please delete the original from any storage media and destroy any hard copies.

-----Original Message-----
From: Dave Zoellner
Sent: Tuesday, April 10, 2007 4:42 PM
To: 'Summer.King@samhsa.hhs.gov'
Subject: Review and comments on PAIMI ACR Section of PPR

Ms. King: Attached are comments on the proposed revision to the PAIMI Advisory Council Report.

I have used “editing” mode and comments as I reviewed the report.

General observations:

1. There are many inconsistencies in format, capitalization, and word choice from one section to another.

2. The section on PAIMI grievances needs special attention. It appears to mix the two types of PAIMI grievances.

3. The word “rule” was used when describing the PAIMI Regulations. The much more common word choice is “Regulations” as indicated by the fact they appear in the Code of Federal Regulations.

4. There is a date of 12-30 for reporting vacancies on the PAIMI council. As the reporting year otherwise ends 9-30, the 12-30 date is strange. If a P&A wanted to efficiently sent their report in October or November they wouldn’t know the number of vacancies as of 12-30. This would imply all reports HAD to be done on 12-30 or after! In some years, 12-30 could be a Saturday or Sunday.

5. Unlike the prior reporting forms, this one would have P&As report vacancies on the Council BY ETHNIC GROUP. That would improperly imply that specific seats are reserved for particular ethnic groups. The Regulation requires only that ”Continuing efforts shall be made to include members of racial and ethnic minority groups….” There is no specific number required as would warrant showing “vacancies” on a line-by-line basis.

For information, I regularly participate as the legal monitor for the federal monitoring teams that visit P&As. I was part of the original group trained for monitoring and have been on six visits over the last several years.

If there are questions concerning any recommendations, I may be contacted as indicated below. Thank you for the opportunity to comment.

David H. Zoellner, Managing Attorney
Protection and Advocacy for People with Disabilities, Inc.
1569 Sam Rittenberg Blvd.
Charleston SC 29407
zoellner@protectionandadvocacy-sc.org
843 763-8571
800 743-2553
CONFIDENTIAL LEGAL DOCUMENT---------------This email transmission may contain privileged and confidential legal information, intended only for the use of the individual(s) named herein. If the reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication or the information contained herein is strictly prohibited. If you have received this communication in error, please notify the sender immediately by voice at (800) 743-2553/(843) 763-8571 or by email at zoellner@protectionandadvocacy-sc.org. Please delete the original from any storage media and destroy any hard copies.