Tuesday, November 30, 2010

NC News: Leadership Changes for the New General Assembly

As we begin to prepare for the upcoming legislative session new leaders are beginning to emerge.

In the House, the GOP leadership met before Thanksgiving to caucus on their choice for Speaker of the House. Representative Thom Tillis (Mecklenburg) emerged as the new leader of the House. Representative Paul "Skip" Stam (Wake) will be the new majority leader.

In the Senate, the Senate Pro-Tempore will be Senator Phil Berger (Guilford,Rockingham) and the majority leader with be Senator Harry Brown (Jones, Onslow). The rules chair position will fall to Senator Tom Apodaca(Buncombe, Henderson, Polk).

More leadership positions will be announced over the next few weeks as we move closer to the start of session.

Monday, November 29, 2010

NC News: N&O Article US Department of Justice Open Probe of NC Mental Health System

On the Wednesday before the Thanksgiving holiday, the N&O Under the Dome reported that the U.S. DOJ will be investigating the North Carolina Mental Health system. Here is the article:


Feds launch probe of N.C. mental health system

RALEIGH The U.S. Justice Department has opened a formal investigation into North Carolina's struggling mental health system, the first step in a process that could trigger a federal edict for sweeping reform.

The probe is the result of a complaint filed in July by the advocacy group Disability Rights North Carolina, which contends that the state is violating the Americans With Disabilities Act for failing to provide proper housing for people with mental illness.

Nearly a decade after the state Department of Health and Human Services closed thousands of beds in government-run psychiatric hospitals as part of a reform effort, more than 6,400 people with severe mental illness are housed in adult care homes scattered across the state, living in sometimes squalid and dangerous conditions.

The mental patients, their care typically paid for with taxpayer money, are often far younger than the elderly residents with whom they are housed. In the last two years, at least four residents with mental illness have been killed by fellow patients who had histories of severe mental illness and violence.

Vicki Smith, the executive director of Disability Rights, said the federal investigation could force the state to take actions to fix the mistakes made during North Carolina’s 2001 reform effort, which has also resulted in people with mental illness routinely languishing for days in emergency rooms because no bed in a psychiatric facility is available.

Word of the federal investigation also comes as the state is debating further cuts to the state’s mental health system and moving to close Dorothea Dix Hospital.

“Now DHHS is going to have to answer a whole series of questions about why mental health reform has failed,” Smith said. “This is huge, from our point of view. Huge.”

The Justice Department informed the state of its pending investigation through a five page letter received by DHHS administrators in Raleigh on Thursday. However, the state department did not publically reveal the news until it issued a three-sentence media release earlier today, hours before the start of the Thanksgiving Holiday.

Renee McCoy, a spokeswoman for the state agency, said there would be no comment beyond the media release, which said the state will “work with the Department of Justice to provide all necessary documents and information in response to the complaint.”

Friday, November 19, 2010

NC News: N&O Article More Information on Investigation at J Iverson Riddle Developmental Center

Longtime abuses feared at state home for disabled

RALEIGH Investigators probing the abuse of residents of a state-run home for people with mental disabilities in Morganton are studying records of unexplained injuries going back years.

The state Department of Health and Human Services announced this week that eight state workers were fired and a temporary employee dismissed over a case of abuse on Oct. 24. Two workers were fired for abusing residents, while others were dismissed for failing to report the abuse or falsifying medical records to cover up the cause of the injuries.

On Thursday, the department confirmed that the abuse of residents at the J. Iverson Riddle Developmental Center could be more widespread than the incident last month, during which a resident suffered a fractured toe, bruises and abrasions.

On Sept. 26, a resident sustained a fractured finger that is now alleged to have been caused by a staff member.

The abuse allegations center on Hemlock House, a residence for adults with such severe cognitive impairments they need staff assistance with routine tasks such as eating, bathing and brushing their teeth. Some of the residents can't speak.

The families of the residents injured in September and October have been notified of the investigation, said Mark Van Sciver, a spokesman for DHHS.

In a written statement, the spokesman said that employees interviewed during the preliminary investigation raised questions about past injuries that had previously been reported as being of "unknown origin." Resident injuries written up as accidents are also now being re-examined, Van Sciver said.

No criminal charges have been filed. The agency has also not released the names of the employees fired.

In a written statement, Riddle Center Director Art Robarge said Thursday that he wanted to send a clear message to his staff that it is never acceptable for an employee to observe abuse and then fail to report it.

"I will do everything in my power to ensure that those who failed to report these incidents cannot hide behind the claim of being afraid of retribution as their reason for failure to report," Robarge said. "This kind of failure to carry out duties to protect our most vulnerable population is inexcusable and will not be tolerated."

Thursday, November 18, 2010

NC News: N&O Article on 9 Fired After Abuse Report at State Home

9 fired after abuse report at state home

Nine workers at a state home for people with developmental disabilities in Morganton have been fired after an alleged case of abuse and the failure to report patient injuries.

The employees at J. Iverson Riddle Developmental Center were placed on leave after a series of incidents that took place the weekend of Oct. 22, according to a news release issued by the state Department of Health and Human Services. The nine workers were fired after an internal investigation.

The state did not release the names of the workers fired, but the release said they included two developmental disabilities trainers terminated after allegations of abuse against them were substantiated. A licensed practical nurse, a temporary employee and four developmental disabilities trainers also were fired for failing to report abuse; and one developmental disabilities trainer was terminated for falsification of records and failing to report abuse.

"Any situation or incident involving the injury of any person in our care is treated with an immediate and thorough investigation," Art Robarge, the facility director, stated in the release.

"We have pursued this investigation vigorously and will take whatever steps we need to protect the dignity and safety of our residents. This facility has a long-standing policy that any and all cases of abuse must be reported immediately without exception."

A criminal investigation of the abuse was initiated by Broughton Public Safety, the internal police department at the state mental hospital next to the Riddle Center. Based on the center's internal investigation, officials with the Burke County Department of Social Services were notified and have referred information to the district attorney for possible prosecution.

Mark Van Sciver, a DHHS spokesman, said no criminal charges had been filed.

Hill Report: National Council on Disability Celebrates 35 Years of the IDEA

National Council on Disability Celebrates 35 Years of the Individuals with Disabilities Education Act


WASHINGTON, Nov. 17, 2010 /PRNewswire-USNewswire/ --The National Council on Disability (NCD) celebrates 35 years of the Individuals with Disabilities Education Act (IDEA), a law designed to ensure a free and appropriate public education for every child with a disability.
Prior to the law's enactment, millions of students with disabilities were excluded from the public school system and were denied access to a public education. In 1975, Congress enacted and President Gerald Ford signed the Education for All Handicapped Children Act, one of the most important civil rights laws ever written. The central premise of this federal law, now known as IDEA, is that all children with disabilities have a federally protected civil right to a free appropriate public education that meets their education and related services needs in the least restrictive environment.

Read more here.

Wednesday, November 17, 2010

NC News: N&O Article on State Health Plan

State could shift health plan oversight

RALEIGH Oversight of the financially strapped North Carolina health insurance plan for 665,000 state employees, retirees and their dependents should shift from the General Assembly to an executive branch agency to operate it more efficiently, a legislative task force concluded Tuesday.

The panel, made up of lawmakers, state officials, health experts and state employee advocates, also agreed the State Health Plan for Teachers and State Employees needs a strong and independent governing board that can make policy decisions and hire and fire the plan's chief executive officer.

State law right now gives the final say on the chief executive to the chairmen of the legislature's oversight committee, which also has become more involved micromanaging plan benefits to help fill gaping fiscal holes between premiums and more than $2.5 billion in health care expenses annually. The legislature approved a $675 million bailout of the plan last year that raised premiums for dependents and eroded benefits.

An outside consultant's report said the current structure of the plan as an independent agency doesn't ensure adequate oversight and monitoring, and the plan's current trustee board is too weak.

The proposal would make the health plan just like any other state agency that would have to seek funding annually, said Rep. Hugh Holliman, a Democrat from Lexington who is a co-chairman of the task force and the current oversight committee. But Holliman said it's clear day-to-day operations shouldn't be performed by the legislature.

Critics of the health plan said shifting oversight to the executive branch and creating a board with more authority would give health experts greater influence and limit political interference that has led to a poorly run plan.

Holliman warned that shifting the plan to the executive branch won't eliminate increasing health care expenses for state employees and their dependents. The plan could require an additional $572 million through mid-2013 to maintain current benefit levels and handle more patients, according to the legislature's analysts.

Rep. Dale Folwell, a Winston-Salem Republican who is a likely leader on State Health Plan issues in the new GOP majority next year, was displeased because the recommendation didn't discuss how to reduce the state's $33 billion unfunded liability for the projected medical expenses of state government retirees.

Monday, November 15, 2010

Monday Quick Hits: Hot Policy Topics for This Week

A start of a new week of interim meetings is happening this week. Of interest, is the fact that these interim committees are currently chaired by Democrat leadership. With the swing to Republican leadership in both the House and Senate, these meetings are taking on a different task. Multiple times during the Joint Legislative Oversight Committee on MH/DD/SAS there were comments from the chair regarding what the new leaders will need to look at and what challenges they face. We expect that to continue over the next two months.

Also of interest, the NC GOP members in the House and Senate will be holding their caucus on November 20th. During their caucus they will choose the new Speaker of the House and the new Senate President Pro Tempore. We will report on these choices once they are released.

Until then, here is the calendar for the week:
Tuesday, November 16, 2010
10:00 AM Blue Ribbon Taskforce on State Health Plan 1228/1327 LB

Wednesday, November 17, 2010
9:00 AM Joint Legislative Program Evaluation Oversight Committee 544 LOB

Thursday, November 18, 2010
10:00 AM Child Fatality Task Force - Perinatal Health Committee 1027/1128 LB
10:00 AM Subcommittee on Domestic Violence Funding 1425 LB
10:00 AM Childhood Obestity Taskforce Planning Meeting 415 LOB
2:00 PM Urban Growth Study Committee 1027/1128 LB

Friday, November 5, 2010

NCGA: Joint Legislative Oversight Committee Meeting MH/DD/SAS Agenda

On Tuesday, November 9th the Joint Legislative Oversight Committee on MH, DD, SAS will meet. Here is the proposed agenda:

Joint Legislative Oversight Committee on
Mental Health, Developmental Disabilities, & Substance Abuse Services
AGENDA
November 9, 2010 10:00 A.M.; Room 643, Legislative Office Building
Representative Verla Insko, Co-Chair, Presiding

10:00 Welcome and Opening Remarks Senator Martin Nesbitt, Co-Chair Representative Verla Insko, Co-Chair


10:00-10:30 Secretary's Remarks
Dorothea Dix Closure Lanier Cansler, Secretary
Department of Health and Human Services

10:30-10:45 Expenditures & Utilization Tracking Update
Dr. Craigan Gray, Director Division of Medical Assistance, DHHS

10:45-11:15 LME Presentation/TASC
Mr. Mike Kupecki, Assistant Area Director East Carolina Behavioral Health

Michael Gray the Vice President of Region 3 TASC, Partnership for Drug Free NC and
Vice President of National TASC

Karen V. Chapple, Executive Vice President of Coastal Horizons Center and Immediate Past President of National TASC.

11:15-11:45 Three-Way Contracts Update
Mr. Mike Watson, Deputy Secretary for Health Services, DHHS


11:45-12:45 Lunch

12:45-1:45 ICF-MR Cost Analysis and Comparison w/ CAP/MRDD Services
Steve Jordan, Director, Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS

1:45-2:15 Overview of the DD Waiting List
Rose Burnette, DD Project Manager Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS

2:15-2:45 Update on CAP-MR/DD Tiered Waivers
Rose Burnette, DD Project Manager, Division of Mental Health, Developmental Disabilities, & Substance Abuse Services, DHHS

2:45-3:00 Public Comments

3:00 Closing Comments & Adjournment

NC News: WRAL Reports on GOP and State Budget Cuts

WRAL Article: GOP warning of impending budget cuts alarms some

Posted: 5:43 p.m. yesterday
Updated: 6:34 p.m. yesterday
Top Republican lawmakers say their plans to balance the state budget next year solely through spending cuts will likely be painful for many people.

Fiscal analysts have projected a budget deficit of more than $3 billion, and Republican leaders in the General Assembly said after their election victories Tuesday that they want to reduce the budget to about $16 billion from the $19 billion spending plan passed in June.

House Minority Whip Thom Tillis, a potential candidate to become the next House speaker, said Wednesday that the cuts could lead to "legitimate, sad stories about people who may end up suffering."

Ellen Russell, director of advocacy and chapter support at The ARC of North Carolina, which serves people with mental retardation and other developmental disabilities, warned Thursday of the ripple effect from drastic state cuts.

"It is terrifying to us because there are 7,000 people with intellectual and developmental disabilities on the waiting list (for service) in this state now," Russell said. "There are (also) a lot of people employed in the field of services for people with mental health, developmental disabilities and substance abuse services."

In addition to eliminating nonprofit positions, there is also concern that cuts could lead to widespread layoffs among state workers.

Dana Cope, executive director of the State Employees Association of North Carolina, said there are areas in the state budget that can be cut, but state jobs is not one of them.



"The folks who've been out of power who now assume power are going to have a good education in what it takes to run government," Cope said of the Republicans. "They will feel the wrath not only of public employees, but they're going to feel the wrath of taxpayers who have come to depend on those quality public services."

University of North Carolina President Erskine Bowles even suggested that deep budget cuts could force the closure of one of the UNC system's 16 university campuses.

Staff at the campuses have been drafting budget scenarios for the UNC Board of Governors to give them options for cutting 5 to 10 percent of the system budget next year.

A 10 percent cut would be about $270 million, and Bowles said that would mean laying off about 1,800 faculty and staff members across the system.

Campuses would also have to increase class sizes and reduce the number of courses offered to handle the cuts, he said.

"Where it gets hard is if you have to go beyond that," he said. "Let's say we had a 20 to 30 percent cut. Then, you have to start looking at some real extremes. Are you better to really damage the entire quality across the board, or are you better off talking about closing down one campus?"

Bowles said such a move isn't being contemplated now, but it might be considered if proposed spending cuts become deeper.

The Board of Governors is expected to vote Friday on a budget proposal to send to lawmakers.

Reporters: Bruce Mildwurf, Erin Hartness
Photographers: Terry Cantrell, Pete James
Web Editor: Matthew Burns

Thursday, November 4, 2010

Election 2010: Results Wrap Up

Election 2010: Results Wrap Up
The 2010 Election is over and now we know who will lead North Carolina during the next legislative session. After a very heated and hard fought campaign season, the North Carolina Republican party ended Tuesday night with control of both the House and Senate.

Here are the breakdown of numbers as compiled by the AARP-North Carolina.

Current General Assembly make up:
Senate – 30-20 Dem majority
House – 68-52 Dem majority

2011 General Assembly make up:
Senate – 31-19 GOP majority
House – 68-52 GOP majority

What this means for people with developmental and intellectual disabilities in North Carolina?

The first thing that will happen is that all of the major committees that we work with will have new leadership. We will see significant changes to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Service. In addition we will see a political structure where the state house will be run by Republicans while the Executive Branch will be run by Democrats.

Regardless of who leads the state house, real challenges remain. The state of North Carolina will be facing at least a $3.5 billion deficit as we begin the next legislative session. We will also be looking down line to the implementation of health care reform in our state. North Carolina continues to see significant unemployment numbers. These challenges and their solutions now fall on the shoulders of the Republican party.
Posted by Julia Leggett at 6:47 AM 0 comments

Tuesday, November 2, 2010

We will be reporting all election results as they become available on our Election 2010 Blog. Please visit us tonight!

Here is where we will be!!

Election 2010: Today Is Election Day!!!!

Good Morning North Carolina! Today is Election Day!! The polls have been open for over an hour now and we encourage you to Go Vote!!!

Polls in North Carolina will be open from 6:30 AM until 7:30 PM.

If you need to know where your polling place is please visit the North Carolina Board of Election website.

If you are a North Carolinian with a disability here are your rights:

MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.

WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.

WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot


If you have problems voting, please report the incident by calling:

The NC State Board of Elections at 866-522-4723.

Democracy North Carolina at 888-OUR-VOTE.

Monday, November 1, 2010

Election 2010: Tomorrow is Election Day

If you did not take the opportunity to early vote, we encourage you to make plans to VOTE tomorrow, Tuesday November 2.

November 2, 2010 is Election Day in North Carolina. This is going to be a very important and very tight election. The reality is that every vote will count and every vote will have an impact!

We encourage you to vote!

If you need to locate your polling place, visit the State Board of Elections Polling Place Locator.

If you are a North Carolinian with a disability here are your rights:

MY VOTING RIGHTS
As a voter with a disability I have the right to:
1) Not be denied my right due to a disability.
2) Vote if I am in line before the polls close.
3) Choose a person to help me, but this person cannot be my employer or an agent of my employer or union.
4) Be reassigned before the election to a site accessible to me.
WAYS TO VOTE
1) Voting inside the polling site…..usually accessible, but maybe not for all
2) Curbside voting….If you can get to the voting site, but can’t get into the building because of your disability, a poll worker can come to your vehicle.
3) Absentee Ballot by mail….Any registered voter is authorized to vote by mail using an absentee ballot.
4) Absentee One-Stop (No excuse)…Allows voters to vote in person ahead of the election by up to 19 days.
5) Satellite voting sites…Some counties establish a plan that allows voters with disabilities to vote at designated sites.
WHAT IF I HAVE TROUBLE
1) Laws protect your right to register and vote
2) Call the County Board of Elections and State Board of Elections
3) Call Disability Rights NC
4) You may always vote a provisional or contested ballot


If you have problems voting, please report the incident by calling:

The NC State Board of Elections at 866-522-4723.

Democracy North Carolina at 888-OUR-VOTE.