DMR, Governor' Cuts Target the Most Disabled

 This is the article from the December COFAR VOICE. For a discussion on the "Blue Mass Group" blog of DMR's tactics in dealing with the cuts, see (and add your own two cents):

 http://www.bluemassgroup.com/showDiary.do?diaryId=14087#163643 

 FY09 Budget, Governor’s Veto, Layoffs, and now… More Cuts for DMR!

Severe and Profoundly Retarded Hardest Hit

      Despite overall gains in the DMR FY09 budget now already in its fifth month, residential services for the most disabled people served by DMR took hard cuts in the FY09 budget. Then came mid-year cuts announced Oct. 15, which again axed facility funding.

     The six developmental centers and the approximately 100 state-operated group homes were funded below DMR’s request throughout the state budget process, then forced to absorb 2008 fuel bills, slammed by Governor Patrick’s veto of $750,000 from facilities, and ended up about $5 million short, more if the price of oil and gasoline stay high.

     As a result, up to 200 layoffs at five of the six developmental centers began in September, with voluntary retirement incentives. Facility directors were given a number, and were able to refuse resignations in vital areas, but inevitably program will suffer.

     Then came the worse news: Another $3 million slashed out of the facilities line Oct. 15 as declining state revenues forced another round of cutbacks. As this issue goes to press, DMR has not described how it can  accomplish another cut to the facilities line without falling below Medicaid staffing mandates, endangering the residents and risking a new round of scandals in the much-improved former “state schools.”

     Although a federal appeals panel Oct. 1 reversed Judge Tauro’s 2007 order and appeared to clear the way for closing the Fernald Center (see “Tauro Reversed,” page 4), state officials had emphasized an orderly and legal process, which would have little impact in FY09. The governor's note on the October 15 9C cut mentioned savings to be realized by closing a facility, but as COFAR has repeatedly demonstrated, there are not savings to be realized by a unilateral closing at Fernald.

     “In any case,” said COFAR Executive Director Colleen Lutkevich, “Other state cutbacks will make it very hard to move anyone in the DMR system. State-operated group homes have less money than last year, and the community residential budget is also slightly reduced. With the logjam in residential services, we felt we had to recommend deferring the governor’s ‘Community First Initiative’ – to get elderly and disabled people out of nursing homes and back home or into active treatment, even though we generally support that goal. And the Governor agreed, but that dries up another funding source to make a few more DMR residential beds.

     “Meanwhile, there is another $7 million in new cuts across the DMR system, so it’s harder for people in all settings, harder to get help from DMR administrators to navigate the minefield, and we are even losing Medicaid matching funds in the Autism waiver.”

     The forum at www.cofar.org is a good place to post observations on where the DMR cutbacks are most obvious to you.

     The other large cuts made by the Governor are to DMR administration, where they may send the caseloads of service coordinators toward an impossible 60 people each; to the Autism department, which was increasing the number of families receiving early intervention; and to DOE-DMR, a joint program which attempts to coordinate community based services for young people with special needs and DMR eligibility to keep them at home and avoid expensive residential school placements. It can be argued that all of these cuts target the minority of the most disabled people served by DMR, but the flat-funded or slightly cut contracted community-residential system is also under great demographic pressure, and thus more people with mild and moderate MR/DD are waiting around longer without any or adaquate services, although provider capacity is at least being maintained.

--end--, but comments are enabled!

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Governor Patrick's Family-Free "Olmstead Plan"

After almost two years in office, the Patrick administration has issued a major policy statement on long term care. The  32-page "Olmstead Plan" roughs in a "Community First" agenda for elderly people and all disability groups.

What's good: It's a big step to have any kind of stated plan, and an impressive one to make a sweeping vision across disability groups which have had seperate budgets and bureaucrats in the past. The legislature has actually appropriated $20 million for this, so some people may get out of nursing homes and back into their own homes with supports, which everyone agrees is a great goal. $5 million of that is earmarked for the Rolland Settlement, which would move people with mental retardation/developmental disabilities out of nursing homes and back into active treatment, mostly a fine goal despite the careless settlement agreement of this year which includes in people like the Groton 43 who actually need the high level of medical support of a pediatric nursing home.

Another good thing is that the plan views the issue as "Long Term Care." Despite the equal billing for "Community First Olmstead Plan" -- the actual title -- this is a move away from the civil-rights and individual-rights rhetoric that has whittled away at the long-term side of the continuum of care since the 1970s. Individual rights are terrific, until the right to refuse treatment lands hundreds of thousands of mentally disabled people in prisons and homeless shelters across the US. More good points: actual timetables for some changes. Workforce development piece. Suicide prevention. Personal care attendants. Affordable housing. Transportation. Employment. And some specifics. A lot of real thinking and planning went into this paper.

What's bad: As I've commented on the politics blog, Blue Mass Group,  there were no family members as such on the advisory group. Yet families are deeply involved with long term of every kind, or should be, and deeply affected by the services available when a member needs long-term care. The more individualized (and decentralized and privatized) a system of care becomes, the more family members become the only real case managers; Social service planners have always thought they were more expert than family members; but the price of this mistake gets higher and higher.
What's specifically bad for people with MR/DD: "shifting focus of long-term care financing from institutions to the community" and "The current federal long-term care financing system tends to favor institutional over community care." Both these phrases go well beyond the Supreme Court's Olmstead v. L.C. decision, which affirmed the rights of two people who could be treated in a community setting to get that treatment. The plurality and concurring opinions in that case also state that not everyone should be forced out of secure treatment. Nearly 20 years after the decision, the bias has shifted away from expensive long-term care, indeed from state-operated care of any kind. Even for people who need the safety and concentration of services provided in today's much-reformed developmental centers and state-operated nursing homes. It's hard for any Governor who has cut the budgets for the severely and profoudly retarded citizens served directly by DMR, to the very edge of federal-mandated staffing ratios, to call that a "Olmstead Plan."
Revealing errors: "Mass. is in the highest quartile of states for the number of nursing home beds per population." This is supposed to be a argument for kicking, uh coaxing,  people out of those beds. But what if Massachusetts was in the top quartile for percentage of elderly people (It's pretty close, about 14th)? Then we would be in the mainstream. What if Massachusetts were a state with a high per capita income where people can afford nursing home beds better than other states? It is. What if Massachusetts were a state where the elderly population was somewhat sicker than in other states, and needed those nursing home beds? This statistic isn't available to the public, but could be estimated by DPH. That this unsupported argument is used shows part of the political agenda of the Governor's staff -- to cut costs at the expense of the elderly and disabled.
Completion date for "Long-term Care Options Counseling" (12/31/08). Completion date for expansion of respite capacity (7/1/09). First we talk people into leaving their secure treatment; six months later we put up the safety net. State budget goes flooey in the meantime? Too bad.
"Establish Long-term Care Financing Advisory Group. (Completion Date: 9/30/08)" Less than a week to go, financial wizards phones are all busy. Hope they aren't calling Governor Patrick to warn him about not spending the $20 million.
"Recommend strategies regarding the Chapter 688 (“Turning 22”) process, including recommendations on information dissemination to families about community-based options. (Completion Date: 12/31/08)" Better start by telling the governor's Department of Administration and Finance to stop cutting that budget line every year the population goes up. Families whose disabled child at home suddenly has no school and no supports will not have time to read the information about community-based options.
So what do you think? Let's get the voice of family members on this plan even if the governor didn't! 

 

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