LePage, Harvey spar on DHHS | The Morning Sentinel, Waterville, ME
By John Richardson jrichardson@mainetoday.com
Staff Writer
Gov. Paul LePage turned up his criticism of the former leadership at the Department of Health and Human Services on Friday, saying his administration continues to learn about undisclosed financial issues and potential budget problems in the agency.
"The last administration, frankly, I think was anxious to get out of town and did not provide us with a lot of information that we needed to make a strong decision on the supplemental budget and the biennial budget," LePage said while speaking to reporters Friday in Eliot.
Former DHHS Commisisoner Brenda Harvey again brushed off the criticism as political, saying former managers didn't hide any budget problems or leave anything but routine challenges for the new adminsitration.
"It would not be surprising that a new administration is putting all this together and recognizing the complexity of what they are about to manage," Harvey said. "If the expectation was that they were taking on a department with no (financial or regulatory) challenges to deal with, that's not an expectation that would ever be realized."
Last week, Gov. LePage issued a news release saying "New DHHS Leadership Uncovers Budget Errors." On Friday, LePage issued another release under the heading, "$150 Million in New DHHS Finanical Problems."
The administration also attached internal documents it said showed that the former leaders of the department left problems unresolved or undisclosed.
Harvey said there were no errors or secrets, just unwarranted attacks on the department and its staff.
Here are key points of dispute.
* The DHHS has paid $66 million more than budgeted to hospitals, and the new administration is reducing payments for the rest of the fiscal year to balance the account.
The LePage administration maintains the problem occurred because DHHS failed to make accounting changes when it switched to a new system for issuing Medicaid payments to hospitals last fall. It also says former managers did not explain the problem fully during the months leading up to the transition.
Harvey, on the other hand, said the temporary Medicaid overpayment was no error and was intended to help hospitals through the transition to the new payment system. The need to reduce future payments to balance the budget also should have been no surprise to the hospitals or the new administration, she said.
LePage's office on Friday released a Jan. 3 DHHS memo to the incoming administration. The memo gave an update on the Medicaid budget but made no mention of hospital payments being over budget.
On the other hand, a Dec. 8 memo from Harvey to the LePage transition team did show that the payments were $24 million over budget at that time, and a former DHHS manager said he told the new administration in January that future payments would have to be reduced.
* The U.S. Department of Health and Human Services Office of Inspector General will be coming to Maine to audit $138.9 million in federal Medicaid payments for school-based services from 2006 to 2008. It notified the Baldacci administration in November, but the LePage administration only learned about the impending audit on March 13, LePage said.
Dan Demeritt, LePage's spokesman, said the outgoing administration should have mentioned it. "When the federal government starts asking how you spent hundreds of millions that the taxpayers are accountable for, that's something you've got to be concerned about," Demeritt said.
Harvey said the department's staff works frequently with the federal auditors, and such reviews do not automatically signify a problem.
"In any given year, there could be as many as 30 state and federal audits, which are critical elements of federal oversight and accountability," Harvey said in a written statement Friday. "Such audits are common."
* A state audit found that DHHS may have overbilled the federal government several million dollars for Medicaid claims because of a change in formulas.
The LePage administration said Friday the issue was another example of the financial problems coming to light in the department.
Harvey, on the other hand, said the department had asked for a ruling from the federal government on the issue, and believed it would not be held liable.
Harvey called the attacks on DHHS political.
"I think the governor believes he inherited a mess, and they are (using) every situation they have to manage as confirmation of the mess," she said.
Demeritt said the governor simply wants people to know there are many problems to fix.
"We need to make it clear to the public that the problems we face are not small," he said.
The back-and-forth between LePage and Harvey is playing out mostly in the news media, although lawmakers have been watching. DHHS Commissioner Mary Mayhew has briefed legislators on the issues and the administration's efforts to review DHHS finances.
Sen. Earle McCormick, R-Gardiner and co-chairman of the Health and Human Services Committee, said it looks to him as though some issues got left unresolved at the end of the Baldacci administration.
"There was so much going on there at the end of the year," he said. "I don't think there was anything intentional."
Sen. Margaret Craven, D-Lewiston and a ranking Democrat on the committee, said the LePage administration may feel surprised because it fired longtime administrators with institutional knowledge. However, issues such as a federal audit are routine and not signs of mismanagement, she said.
"If they knew how government worked, they would know that the federal government came in and audited constantly," she said.
Craven also recalled that Gov. John Baldacci had to deal with problems with the DHHS budget when he came into office in 2003.
"He found invoices and unpaid bills stacked on his desk, and he never, ever pointed a finger," she said. "He was a gentleman. He just picked them up and paid them."
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Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Saturday, March 19, 2011
Friday, March 18, 2011
NH House investigating impeaching marital master
The Truth Bites "NH"
With the complaints emerging in every legislator’s office about the courts and DCYF, constituents should be very concerned about the 105 who did not vote for an investigation. This state owes 35 million for Medicaid fraud repaying since 2004, who knows what will happen with the banking department, the liquor commission and now the impeachment of Judges and Marital Masters, the conduct of these individuals is more than concerning they all failed to recognize the significance of multiple consumer complaints...
Phillip Cross is one example, other examples are Marital Master Alice Love, Judge Bamberger and unfortunately the list goes on…..
Under Superior Court rules for Marital Masters 12- 14 D. DIVISION OF HUMAN SERVICES REFERRALS
"No referrals for New Hampshire Division of Human Services investigations are to be automatically approved, even when the parties agree. A “show cause” hearing is to be required except in extraordinary circumstances, and when referrals are approved, inquiry is to be made to determine if the party or parties are to bear the costs of reference…"
You have to ask yourself in reference to the telegraph article on 2/24/11 about 3-year-old Christian Jackson who died of “blunt force trauma” and whose death has been ruled as a homicide, whether or not it could it have been avoided if a show cause hearing was done and the division of children youth and families was required to keep him safe. Both the courts and the division of DCYF failed this child one is too many.
Or 2009, a 10 year old girl was being abused by her mother, neighbors called over 300 times without DCYF intervention until she almost dropped in school – telegraph 12/14/06. They are not getting better they are getting worst.
State and Federal Reports round two since 2003 show that the Division of Children Youth and Families and the courts that are supported by them, have failed 67 % of the children and families they are suppose to serve, and that includes the Judges who heard the cases because they did not fully review the material. In several cases the Judges have acted on matters that they had no subject matter or personal jurisdiction to take action on. Documents show that Judges have ordered payments for the non-accused non indigent parents attorneys contrary to NH RSA 169-C:27 (f) and specifically NH RSA 169-C:10 II (a).
The DCYF offices are so unfit that under NH RSA 169- C: 3XXVI Relative placement – they consistently say no relatives could be reached – however every child has an emergency contact card at school and social workers have NEVER shown they utilized this to contact relatives.
Under NH RSA 169-C:28 De Novo Appeals (to be heard anew) in the Superior Court lack consistency across the board in the State of NH and the administration of Superior Courts has no idea of what the protocol is, this is a due process violation to all constituents who have been involved in these types of hearings, simply because the appeal is not made available to ALL. Nevermind the numerous other reasons.
Lets mention the confidential court thing… what else don’t they want the public to know? These legislators should be disgusted and THEY need to get to the bottom of these issues. The above is just a small sample of the abuse families in NH suffer daily CONTACT YOUR LEGISLATORS the “live free or die motto” was never meant to reflect bureaucrats’ enrichment off the rest of the state.
With the complaints emerging in every legislator’s office about the courts and DCYF, constituents should be very concerned about the 105 who did not vote for an investigation. This state owes 35 million for Medicaid fraud repaying since 2004, who knows what will happen with the banking department, the liquor commission and now the impeachment of Judges and Marital Masters, the conduct of these individuals is more than concerning they all failed to recognize the significance of multiple consumer complaints...
Phillip Cross is one example, other examples are Marital Master Alice Love, Judge Bamberger and unfortunately the list goes on…..
Under Superior Court rules for Marital Masters 12- 14 D. DIVISION OF HUMAN SERVICES REFERRALS
"No referrals for New Hampshire Division of Human Services investigations are to be automatically approved, even when the parties agree. A “show cause” hearing is to be required except in extraordinary circumstances, and when referrals are approved, inquiry is to be made to determine if the party or parties are to bear the costs of reference…"
You have to ask yourself in reference to the telegraph article on 2/24/11 about 3-year-old Christian Jackson who died of “blunt force trauma” and whose death has been ruled as a homicide, whether or not it could it have been avoided if a show cause hearing was done and the division of children youth and families was required to keep him safe. Both the courts and the division of DCYF failed this child one is too many.
Or 2009, a 10 year old girl was being abused by her mother, neighbors called over 300 times without DCYF intervention until she almost dropped in school – telegraph 12/14/06. They are not getting better they are getting worst.
State and Federal Reports round two since 2003 show that the Division of Children Youth and Families and the courts that are supported by them, have failed 67 % of the children and families they are suppose to serve, and that includes the Judges who heard the cases because they did not fully review the material. In several cases the Judges have acted on matters that they had no subject matter or personal jurisdiction to take action on. Documents show that Judges have ordered payments for the non-accused non indigent parents attorneys contrary to NH RSA 169-C:27 (f) and specifically NH RSA 169-C:10 II (a).
The DCYF offices are so unfit that under NH RSA 169- C: 3XXVI Relative placement – they consistently say no relatives could be reached – however every child has an emergency contact card at school and social workers have NEVER shown they utilized this to contact relatives.
Under NH RSA 169-C:28 De Novo Appeals (to be heard anew) in the Superior Court lack consistency across the board in the State of NH and the administration of Superior Courts has no idea of what the protocol is, this is a due process violation to all constituents who have been involved in these types of hearings, simply because the appeal is not made available to ALL. Nevermind the numerous other reasons.
Lets mention the confidential court thing… what else don’t they want the public to know? These legislators should be disgusted and THEY need to get to the bottom of these issues. The above is just a small sample of the abuse families in NH suffer daily CONTACT YOUR LEGISLATORS the “live free or die motto” was never meant to reflect bureaucrats’ enrichment off the rest of the state.
CALL TO ACTION (CALLS AND EMAILS IN SUPPORT OF HB1132 ASAP PLEASE)
CALL TO ACTION (MD, USA): (Phone calls and emails today please.) House Judiciary committee vote, we need to keep the pressure up with phone calls and email in support of Bill HB 1132. Please forward this email to your networks. 1) http://mlis.state.md.us/2011rs/bills/hb/hb1132f.pdf
Absent truthful abuse, neglect and abandonment NO child should ever be used to create the need for services.We are fighting the Maryland Bar Association, Maryland Psychologist, and various other profit seeking organizations that profit from creating conflicts abusing our children and parents. These organizations are presenting misinformation and omiting facts to committees. This is organized systemic abuse of the public.These orgainizations are knowingly creating the need for their services and destroying 100s of thousands of families in Maryland. Let use repeat: Absent truthful abuse, neglect and abandonment No child should ever be used to create the need for services.
Please contact your legislators (301)970-5400 to support Bill HB1132.Equal parenting for Maryland. Please build support from all parties call everybody you can.
General Assembly Link 2) http://mlis.state.md.us/
Warning: Just because we have members supporting a Bill, does not make members vote to support the Bill. We need public outcry for members to vote to protect our children.
The Bill is sponsored by: (we need 12 Judiciary members to support this bill we have 11)
Please clearly state you want the legislator to support HB1132 and Senator to support SB909.The last 4 digits of the below numbers are the judiciary members extensions. You can use the followeing prefixes to get your calls to the delegates. (410)841-xxxx or (301)858-xxxx
Delegate Jill P. Carter, District 41 (Judiciary member) (301) 858-3283
Delegate Tiffany T. Alston, District 24 (Judiciary member) (301) 858-3692
Delegate John W. E. Cluster, Jr., District 8 (Judiciary member) (301) 858-3526
Delegate Frank M. Conaway, Jr., District 40 (Judiciary member) (301) 858-3189
Delegate Don H. Dwyer, Jr., District 31 (Judiciary member) (301) 858-3047
Delegate Michael J. Hough, District 3B (Judiciary member) (301) 858-3472
Delegate Carolyn J. B. Howard, District 24 (301) 858-3919
Delegate Kevin Kelly, District 1B (Judiciary member) (301) 858-3404
Delegate Benjamin F. Kramer, District 19 (301) 858-3485
Delegate Susan K. McComas, District 35B (Judiciary member) (301) 858-3272
Delegate Michael A. McDermott, District 38B (Judiciary member) (301) 858-3431
Delegate Doyle L. Niemann, District 47 (301) 858-3326
Delegate Nathaniel T. Oaks, District 41 (301) 858-3283
Delegate Luiz R. S. Simmons, District 17 (Judiciary member) (301) 858-3037
Delegate Michael D. Smigiel, Sr., District 36 (Judiciary member) (301) 858-3555
Delegate Michael G. Summers, District 47 (301) 858-3340
Delegate Mary L. Washington, District 43 (301) 858-3476
Delegate C. T. Wilson, District 28 (301) 858-3325
We need calls, emails and letters sent to all Judiciary Committee members to support HB1132. EVIL IS KNOWINGLY AND WILLFULLY CAUSING HARM TO OTHERS. EXPOSE THE TRUTH.
The following Judiciary members we need to lobby hard to get them to vote to support Bill HB1132.
Anderson, Curt Delegate District 43 (301) 858-3291 curt.anderson@house.state.md.us
Arora, Sam Delegate District 19 (301) 858-3528 sam.arora@house.state.md.us
Clippinger, Luke, Delegate District 46 (301) 858-3303 luke.clippinger@house.state.md.us
Cluster, John W.E., Jr., Delegate District 8 (301) 858-3526 john.cluster@house.state.md.us
Lee, Susan C., Delegate District 16 (301) 858-3649 susan.lee@house.state.md.us
Mitchell, Keiffer J., Jr., Delegate District 44 (301) 858-3802 keiffer.mitchell@house.state.md.us
Parrott, Neil, Delegate District 2B (301) 858-3636 neil.parrott@house.state.md.us
Valderrama, Kriselda, Delegate District 26 (301) 858-3210 kris.valderrama@house.state.md.us
Valentino-Smith, Geraldine, Delegate District 23A (301) 858-3101 geraldine.valentino@house.state.md.us
Waldstreicher, Jeff, Delegate District 18 (301) 858-3130 jeff.waldstreicher@house.state.md.us
Thank you,
STOP CHILD ABUSE FOR PROFIT
Absent truthful abuse, neglect and abandonment NO child should ever be used to create the need for services.We are fighting the Maryland Bar Association, Maryland Psychologist, and various other profit seeking organizations that profit from creating conflicts abusing our children and parents. These organizations are presenting misinformation and omiting facts to committees. This is organized systemic abuse of the public.These orgainizations are knowingly creating the need for their services and destroying 100s of thousands of families in Maryland. Let use repeat: Absent truthful abuse, neglect and abandonment No child should ever be used to create the need for services.
Please contact your legislators (301)970-5400 to support Bill HB1132.Equal parenting for Maryland. Please build support from all parties call everybody you can.
General Assembly Link 2) http://mlis.state.md.us/
Warning: Just because we have members supporting a Bill, does not make members vote to support the Bill. We need public outcry for members to vote to protect our children.
The Bill is sponsored by: (we need 12 Judiciary members to support this bill we have 11)
Please clearly state you want the legislator to support HB1132 and Senator to support SB909.The last 4 digits of the below numbers are the judiciary members extensions. You can use the followeing prefixes to get your calls to the delegates. (410)841-xxxx or (301)858-xxxx
Delegate Jill P. Carter, District 41 (Judiciary member) (301) 858-3283
Delegate Tiffany T. Alston, District 24 (Judiciary member) (301) 858-3692
Delegate John W. E. Cluster, Jr., District 8 (Judiciary member) (301) 858-3526
Delegate Frank M. Conaway, Jr., District 40 (Judiciary member) (301) 858-3189
Delegate Don H. Dwyer, Jr., District 31 (Judiciary member) (301) 858-3047
Delegate Michael J. Hough, District 3B (Judiciary member) (301) 858-3472
Delegate Carolyn J. B. Howard, District 24 (301) 858-3919
Delegate Kevin Kelly, District 1B (Judiciary member) (301) 858-3404
Delegate Benjamin F. Kramer, District 19 (301) 858-3485
Delegate Susan K. McComas, District 35B (Judiciary member) (301) 858-3272
Delegate Michael A. McDermott, District 38B (Judiciary member) (301) 858-3431
Delegate Doyle L. Niemann, District 47 (301) 858-3326
Delegate Nathaniel T. Oaks, District 41 (301) 858-3283
Delegate Luiz R. S. Simmons, District 17 (Judiciary member) (301) 858-3037
Delegate Michael D. Smigiel, Sr., District 36 (Judiciary member) (301) 858-3555
Delegate Michael G. Summers, District 47 (301) 858-3340
Delegate Mary L. Washington, District 43 (301) 858-3476
Delegate C. T. Wilson, District 28 (301) 858-3325
We need calls, emails and letters sent to all Judiciary Committee members to support HB1132. EVIL IS KNOWINGLY AND WILLFULLY CAUSING HARM TO OTHERS. EXPOSE THE TRUTH.
The following Judiciary members we need to lobby hard to get them to vote to support Bill HB1132.
Anderson, Curt Delegate District 43 (301) 858-3291 curt.anderson@house.state.md.us
Arora, Sam Delegate District 19 (301) 858-3528 sam.arora@house.state.md.us
Clippinger, Luke, Delegate District 46 (301) 858-3303 luke.clippinger@house.state.md.us
Cluster, John W.E., Jr., Delegate District 8 (301) 858-3526 john.cluster@house.state.md.us
Lee, Susan C., Delegate District 16 (301) 858-3649 susan.lee@house.state.md.us
Mitchell, Keiffer J., Jr., Delegate District 44 (301) 858-3802 keiffer.mitchell@house.state.md.us
Parrott, Neil, Delegate District 2B (301) 858-3636 neil.parrott@house.state.md.us
Valderrama, Kriselda, Delegate District 26 (301) 858-3210 kris.valderrama@house.state.md.us
Valentino-Smith, Geraldine, Delegate District 23A (301) 858-3101 geraldine.valentino@house.state.md.us
Waldstreicher, Jeff, Delegate District 18 (301) 858-3130 jeff.waldstreicher@house.state.md.us
Thank you,
STOP CHILD ABUSE FOR PROFIT
Couple Battling CPS over Adoption Suffers Major Setback
Couple Battling CPS over Adoption Suffers Major Setback
RANDY WALLACE
Investigative Reporter
HOUSTON - In an exclusive FOX 26 investigation in February, we told you about Tina and Brian Porter.
The Porters said Children's Protective Services ignored state law when it allowed their great niece's baby to be adopted by foster parents instead of blood relatives.
"I would never in my life believe in this country this kind of behavior would be allowed," Brian Porter said.
The Porters are in the process of adopting their great niece's baby boy and had planned on adopting her baby daughter as well.
The birth mother is mentally disabled and is described by her family as having the mental capacity of a 12-year-old child.
That didn't stop CPS from talking the mother into signing away her parental rights with no attorney present, according to Don Robinowitz, the Porters attorney.
“She definitely has, like I said, mental disabilities that were recognized in CPS's own paperwork and no precautions were taken," Robinowitz said. "Somebody should have made sure that she was competent to make a decision of this magnitude."
The Porters accuse CPS of stringing them along for months making them think they would be adopting the baby girl.
Then last December, according to the Porters, CPS called them to tell them in 24 hours the baby would be adopted by her foster parents.
"Unbelievable," Tina Porter said. "I still can't believe it how this could be allowed to happen."
The Porters filed suit in hopes of undoing the adoption.
In a recent court hearing, the judge pointed out that no matter how he ruled, hearts would be broken.
Even though they had several supporters with them wearing bright yellow T-shirts, it was the Porters who ended up emotionally crushed.
"To me, it wasn't a fair ruling," Tina Porter said.
The judge ruled against the Porters saying they had no legal standing to try to reverse the baby girl's adoption by her foster parents.
"It's a very hard hit, especially from an emotional standpoint and a financial stand point," Robinowitz said.
“We're ready to see her come home and every time we come up here it lasts even longer," Brian Porter said. "Enough is enough."
The Porters saga as well as this family's story prompted dozens and dozens of viewers to contact FOX 26 Investigates. Those viewers claim what happened to those families happened to them too:
CPS allowed foster parents to adopt children without considering family members first.
"That's my biggest problem with this whole thing," Tina Porter said. "There are dozens of families being ripped apart constantly."
"They feel like they're being forced to back down their afraid of fighting CPS," Tina said.
The Porters aren't afraid to fight CPS. They plan to appeal the judge's ruling.
"We're not going to stop. We're going to keep fighting no matter what," Tina Porter said.
While the Porters are financially able to fight CPS, they realize many families can't, so they don't even try.
"People are scared they lose their family members, it's not right," Tina Porter said. "Something should be done to stop this."
RANDY WALLACE
Investigative Reporter
HOUSTON - In an exclusive FOX 26 investigation in February, we told you about Tina and Brian Porter.
The Porters said Children's Protective Services ignored state law when it allowed their great niece's baby to be adopted by foster parents instead of blood relatives.
"I would never in my life believe in this country this kind of behavior would be allowed," Brian Porter said.
The Porters are in the process of adopting their great niece's baby boy and had planned on adopting her baby daughter as well.
The birth mother is mentally disabled and is described by her family as having the mental capacity of a 12-year-old child.
That didn't stop CPS from talking the mother into signing away her parental rights with no attorney present, according to Don Robinowitz, the Porters attorney.
“She definitely has, like I said, mental disabilities that were recognized in CPS's own paperwork and no precautions were taken," Robinowitz said. "Somebody should have made sure that she was competent to make a decision of this magnitude."
The Porters accuse CPS of stringing them along for months making them think they would be adopting the baby girl.
Then last December, according to the Porters, CPS called them to tell them in 24 hours the baby would be adopted by her foster parents.
"Unbelievable," Tina Porter said. "I still can't believe it how this could be allowed to happen."
The Porters filed suit in hopes of undoing the adoption.
In a recent court hearing, the judge pointed out that no matter how he ruled, hearts would be broken.
Even though they had several supporters with them wearing bright yellow T-shirts, it was the Porters who ended up emotionally crushed.
"To me, it wasn't a fair ruling," Tina Porter said.
The judge ruled against the Porters saying they had no legal standing to try to reverse the baby girl's adoption by her foster parents.
"It's a very hard hit, especially from an emotional standpoint and a financial stand point," Robinowitz said.
“We're ready to see her come home and every time we come up here it lasts even longer," Brian Porter said. "Enough is enough."
The Porters saga as well as this family's story prompted dozens and dozens of viewers to contact FOX 26 Investigates. Those viewers claim what happened to those families happened to them too:
CPS allowed foster parents to adopt children without considering family members first.
"That's my biggest problem with this whole thing," Tina Porter said. "There are dozens of families being ripped apart constantly."
"They feel like they're being forced to back down their afraid of fighting CPS," Tina said.
The Porters aren't afraid to fight CPS. They plan to appeal the judge's ruling.
"We're not going to stop. We're going to keep fighting no matter what," Tina Porter said.
While the Porters are financially able to fight CPS, they realize many families can't, so they don't even try.
"People are scared they lose their family members, it's not right," Tina Porter said. "Something should be done to stop this."
Pilot program to review use of psychotropic prescription drugs in Georgia's foster care system
Pilot program to review use of psychotropic prescription drugs in Georgia's foster care system :: The Republic
ATLANTA — A pilot program will study of the use of psychotropic drugs in Georgia's foster care system.
State Rep. Mary Margaret Oliver said many children in foster care have been traumatized and are in need of mental health treatment but data from the Department of Community Health show they are being prescribed psychotropic drugs at an alarmingly high rate.
Oliver is sponsoring legislation that would create an independent medical review for prescription drug use of children in state custody. It would also require state officials to develop an independent medical review of psychotropic medications.
The pilot program will be funded by Casey Family Programs and run out of the Barton Child Law and Policy Center at Emory University Law School in partnership with the Georgia Department of Human Services.
ATLANTA — A pilot program will study of the use of psychotropic drugs in Georgia's foster care system.
State Rep. Mary Margaret Oliver said many children in foster care have been traumatized and are in need of mental health treatment but data from the Department of Community Health show they are being prescribed psychotropic drugs at an alarmingly high rate.
Oliver is sponsoring legislation that would create an independent medical review for prescription drug use of children in state custody. It would also require state officials to develop an independent medical review of psychotropic medications.
The pilot program will be funded by Casey Family Programs and run out of the Barton Child Law and Policy Center at Emory University Law School in partnership with the Georgia Department of Human Services.
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