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VOR Weekly E-Mail Update
December 7, 2007
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TABLE OF CONTENTS


1. H.R. 3995 – VISITS NEEDED
2. OREGON:
Family/Guardian Response to Abuse Articles
3. MISSOURI: Region's DMH workers won't be privatized
4. KENTUCKY: Inspectors finish Oakwood review - No word yet on Medicaid funding
5. CONSIDER THE GIFT OF A VOR MEMBERSHIP! VOR CONTRIBUTION AND MEMBERSHIP OPPORTUNITIES.

Upcoming Update Schedule: A regular update will be published December 14. Between December 17 and January 4, there will not be a regular Weekly Update published, but there will be regular updates re: H.R. 3995 advocacy published.
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1. H.R. 3995 – VISITS NEEDED
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VOR is calling on all its members to MEET with their U.S. Representatives in their District offices as soon as possible. Personal visits by constituents are essential to securing cosponsors to H.R. 3995.

See http://www.congress.org for District office contact information, or contact Tamie Hopp at 605-399-1624. There is a District office in or very near your town/city.
TODAY, call your Representative's District office and request a meeting with your Representative. Members of Congress will be working from their District Offices beginning in late-December and through early-to-mid January. Now is the perfect time to request a meeting.

Once your meeting is set, contact Tamie (605-399-1624; Tamie327@hotmail.com). She can share with you position papers relating to H.R. 3995 that you can use to prepare for your meeting and also share with your Representative.

ORGANIZATIONAL SIGN ON UPDATE: I’m pleased to report that VOR has nearly 75 organizations from 21 states signed on to the organization sign on letter in support of H.R. 3995. There is still time for your organization to be included. See, http://vor.net/HR3995signonletter.htm for this opportunity! Our goal is 100+ organizations.


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2. OREGON: Family/Guardian Response to Abuse Articles
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Summary: In the November 9 VOR Weekly Update, VOR shared news of an investigative series regarding abuse and neglect in community settings in the State of Oregon (see, http://www.vor.net/Archived%20E-Mails.htm). The following editorial was submitted in response to the Oregonian series by Penny Van Santen, President of the Oregon Voice of the Retarded.

Abuse was predicted
By Penny Van Santen, President Oregon Voice of the Retarded
The Oregonian – Letter to the Editor
November 25, 2007


The Oregonian is to be congratulated on the revelations of the horrendous abuses in Michelle Roberts' report ("Asylum's gone, but not abuse," Nov. 4). Unfortunately, such problems were predicted during meetings with state officials back in the late 1990s. Our assertions fell on deaf ears, and now the system is filled with tragedies.

Especially lacking in insight are statements like those of Bob Joondeph, Oregon Advocacy Center director, who indicated parents/guardians should play a more active role in examining the activities at group homes and adult foster homes where their adult handicapped children reside. Doesn't he understand that many of these family guardians are elderly and may not easily be able to travel to do drop-ins, or that the victims have no family? Isn't that the responsibility of the state, which manages and supervises these facilities?

The description of Fairview as "notorious" was also noted. Not everyone felt that way. The same leaders who closed Fairview are now telling the press that they are taking measures to assure the safety of these vulnerable citizens who live widely scattered in a variety of unsupervised situations. Some safety!

Often the victims are individuals without active guardians. Should one feel sorrow more for the victims and their families or for the society where people with severe and profound autism and mental retardation have become its experimental "Untermenschen" [inferior people]?

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3. MISSOURI: Region's DMH workers won't be privatized
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Summary: Privatization has been strongly opposed in Missouri by families, workers and others. This article illustrates that advocacy works! Due to protests by advocates, the State has opted to exempt certain DMH workers from privatization proposals. The article also shows, however, that in Missouri, families remain the last to know – reality families have protested strongly.

Southeast Missourian
Tuesday, December 4, 2007
By Lindy Bavolek


Department of Mental Health caseworkers in Southeast Missouri will remain on the state payroll and will not be privatized, DMH director Keith Schafer wrote in a letter to state legislators late last month.

Plans to transition case managers to local control were met by an onslaught of concerns raised by parents, who worried they would lose services, and caseworkers, who feared they would lose their jobs. The caseworkers assist people with developmental disabilities such as mental retardation, cerebral palsy, head injuries, autism, epilepsy and certain learning disabilities.

A town hall meeting was held Nov. 14 in Poplar Bluff to discuss the plan, which would have left 484 caseworkers in Missouri out of state jobs. After the meeting, DMH officials decided Poplar Bluff and Sikeston Regional Center caseworkers would not be outsourced.

Instead, the 35 caseworkers will continue to be part of the regional centers. Any new positions that become available will be transitioned to local control.

"The voice of the people was heard. I'm very pleased that they've decided to back off it, and that the trained case managers will be able to keep their positions," said Susan Wallis, the assistant secretary of Mentally Retarded Citizens of Missouri.

News of the DMH's decision has not filtered down to many parents and mental health organizations, who said they have consistently been provided sketchy details.

Uncertainty and unanswered questions have led some case managers to leave the profession, said Mike Sciortino, the founder of the autism support group Ethan & Friends.

"There's several good people that have left because they didn't know what was going to happen," Sciortino said.

The state says that privatizing workers costs less, so more could be hired and caseloads would decrease. In Southeast Missouri, one case manager works with about 66 people. Ideally, the number would be 40, according to Bob Bax, a DMH spokesman.

"In the current budget year, we got funding for 40 new positions. By going through SB40 Boards, we were able to generate funds to support 53 positions," Bax said. Privatizing caseworkers is cheaper, in part, because there are fewer employee benefits.

About 167 case managers throughout Missouri are already managed by SB40 Boards, which distribute county tax money to agencies that provide services for people with mental disabilities.

In Cape Girardeau County, money from SB40 Boards currently goes, in part, toward providing transportation for those with disabilities and to a sheltered workshop, a service shop that employs adults with physical or mental disabilities.

Robert Landgraf, chairman of the Cape Girardeau County SB40 Board, said the board has not yet discussed the DMH's proposal.

Outside of Southeast Missouri, the plan to outsource case managers will continue and must be approved by legislators.

Six state representatives and senators were present at the meeting in Poplar Bluff. State Senator Rob Mayer, R-Dexter, was pleased to receive the letter from Schafer, he said, but wants to know who will take over case management if SB40 boards don't want to, how many people currently don't receive services because of a backlog of clients and how private companies will avoid conflicts of interest.

Some parents have expressed concern that private companies would "cherry pick" clients, only providing services to easy consumers and not the severely disabled.

"For now, they have not answered my questions. Until that happens, that transition is still uncertain," Mayer said.

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4. KENTUCKY: Inspectors finish Oakwood review - No word yet on Medicaid funding
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The Courier-Journal
Friday, November 30, 2007
By Deborah Yetter


Residents at Bluegrass Oakwood appear to be safe and well cared for, a team of federal inspectors told officials at the center yesterday.

But the inspectors provided no guarantee that the facility for adults with mental retardation will keep Medicaid funding, said Joseph A. Toy, president of the Bluegrass Mental Health-Mental Retardation Board, which runs Oakwood for the state.

"We were hoping to get more information," Toy said. "It's very frustrating."

Toy said the five-member inspection team met with him yesterday afternoon for an exit interview following a four-day survey and provided only a general outline of findings.

The team members said they couldn't tell him what might result from their visit, Toy said.

But Dr. William Hacker, an official with the state Cabinet for Health and Family Services, which oversees Oakwood, said he views the preliminary findings as positive.

"They found the facility is a safe place for the residents to be and the facility is in compliance with federal standards for client safety," said Hacker, the cabinet's acting undersecretary for health.

About 230 people with mental retardation and other disabilities live at the Somerset facility, which has been struggling to correct past problems of abuse and neglect of residents.

The visit from inspectors with the U.S. Centers for Medicare and Medicaid Services comes as the federal government is considering whether to terminate federal funds because of such instances in the past.

Medicaid, the government health plan for low income and disabled people, provides about 40 percent of the $75 million annual cost of operating Oakwood.

A spokeswoman for the Centers for Medicare and Medicaid Services this week confirmed the team was conducting a survey at Oakwood but couldn't comment on the findings.

Federal authorities in 2005 threatened to cut off Medicaid funding after two instances of resident abuse or neglect -- one involving a man who drowned after he was left alone in the bath. But they have continued funding Oakwood while the state appealed the decision and worked to correct problems.

Kentucky hired Toy's agency a year ago to run Oakwood and improve conditions for residents.

Hacker said it's clear the nonprofit mental health agency has been successful.

"We are very pleased with the progress Bluegrass has made," he said.

Hacker said state officials will consider the findings and determine what the next step should be to try to preserve Medicaid funding.

Toy said the federal team said Oakwood managers should do more to improve "active treatment" -- keeping residents busy and engaged in daily activities. He said Bluegrass has been working to improve services in that area and will continue to do so.

He said he wished the federal officials had given him more specific information or direction, but that won't change the work Bluegrass is doing while the state awaits a final decision on Medicaid funding. "We're going to keep doing a good job," Toy said. "We're going to keep people safe and engaged. I don't know what else to do."


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Tamie Hopp

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