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The Patrick administration's big policy and management failure

by: Dave from Hvad

Mon Jan 25, 2010 at 13:52:48 PM EST


( - promoted by Rob "EaBo Clipper" Eno)

[Posted on behalf of the Fernald League for the Retarded, Inc.]

The Patrick administration is badly mismanaging its multi-billion dollar human services system.

Governor Patrick has placed a group of privatization ideologues in top spots in his administration who are rushing to shut down state-run living centers for people with mental retardation in Massachusetts without adequate cost analyses or proper planning.  Those people include Health and Human Services Secretary JudyAnn Bigby, Assistant Secretary Jean McGuire, and Department of Developmental Services Commissioner Elin Howe.

Whatever you may think about the merits or disadvantages of privatization, here are some facts to consider about the way Bigby, McGuire, and Howe are going about it:

Dave from Hvad :: The Patrick administration's big policy and management failure

1) They haven't done the planning:  They are moving as fast as they can to shut down these DDS facilities, starting with the Fernald Developmental Center by June 30, and to transfer the residents to two remaining state facilities and to community-based group homes.  Three other state facilities would be shut by Fiscal Year 2013. 

The problem is that thousands of people are already waiting for care in that same under-funded community system.  The administration is leading the state toward the edge of a cliff. 

Even the ARC of Massachusetts and other organizations that support the closures of the DDS facilities have tried to warn the governor that the privatization plan won't work because there isn't sufficient funding in place for the community system.

Our analysis of DDS's plans shows that the administration intends over the next four years to develop only enough community-based group home beds to accomodate residents of the four DDS centers marked for closure.  We believe the coming logjam of people trying to get placements in the community will result in new and expensive lawsuits against the state.

2) They haven't done the proper cost analyses:  The administration has claimed that closing Fernald and the other DDS facilities will save the state millions of dollars.  But their cost analyses have been based on apples-to-oranges comparisons. 

As we've pointed out many times, the DDS facilities serve people who have much more severe mental retardation and medical needs on average than does the community-based system.  On top of that, the administration's cost-savings claims in closing the facilities have continually changed and have been made with little or no supporting evidence or documentation.

 3) They are letting care and services at Fernald deteriorate as they attempt to force guardians of remaining residents to move them out.  For the past six months, we have been providing report after report to DDS about inadequate staffing following layoffs at the facility; residents going without services; and dirty conditions in living areas.  Yet, Commissioner Howe has refused to admit that a problem exists.

 4) They are ready to pay extra to close Fernald by June 30; but they are paying the minimum to make a key alternative site available and livable for Fernald residents.  According to a feasibility study we reviewed, the state is projecting that it will cost $1.88 million to renovate two buildings at the Wrentham Developmental Center to accomodate 64 Fernald residents.

The feasibility study, however, states that the renovations will not include a number of "desirable" features, such as replacing windows and the roof in the aging Wrentham buildings because of "cost considerations."  Yet, a top DDS official has said the state is prepared to "work around the clock" to get the buildings ready for the Fernald residents by June 30, even though the bidding on the project is four months behind schedule.  Working around the clock will most certainly lead to higher costs.

5) We contend the unilateral shutdowns of these centers amount to a giveway of land and contracts to favored human service vendors and political contributors to the administration.

6) Howe is a professional state facility closer.  She was hired here in Massachusetts to continue doing what she did in New York State.  McGuire, meanwhile, has been put in charge of the Governor's Commission on Mental Retardation, which is supposed to be a neutral body, but will be used now for political cover.  Patrick removed the staff and budget of the Commission, and has appointed only facility-closure advocates and people with ties to human services vendors to it.

The bottom line is that this administration is acting on this major policy issue in undue haste and without planning and without sensitivity to the people being affected by it.  It's bad policy and bad management.

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Can you say (5.00 / 1)
Land grab?  What are their eventual plans after they re-locate all the residents?  Prime real-estate in Waltham on Trapelo road should fetch a pretty penny.

Follow me on twitter @garyrlake

Damn.... (0.00 / 0)
then WE are going to have to find somewhere new to store our unused biotech equipment that is currently stored at the Fernald.

"The best part will be the arrest of all the biotech workers....."  --JH

[ Parent ]
We've been criticized for suggesting (5.00 / 1)
that the Patrick administration has a conflict of intrest in trying to sell off this property to the highest bidders.  But the land is worth as much as $2 million per acre, according to some estimates, and there are close to 200 acres involved.  Meanwhile, the administration is hoping to allow residential housing on this land (a lot of it), over the opposition of the City of Waltham.

[ Parent ]
Uninended Consequences (5.00 / 1)
I had a recent conversation with a co-worker who explained that a couple years ago his town was having their own internal conflicts over the addition of nearly 500 new homes in the town.  It finally passed and the homes were built.  

And just because of the area and the reputation of the school system 3 out 4 of those homes were purchased by young families who had young children.  Nothing like adding another 200-300 young children to a school system that was at capacity before the homes were built.  Now they are faced with constant prop 2 1/2 override votes to fund the educational needs (new school, more teachers, expand existing schools).  So while they increase their property tax revenues, the value of their homes is likewise decreased (with the market, higher taxes, and a school system struggling to keep up)....and their existing tax revenues cannot keep up with their growing needs.

The moral...be careful what you ask for.

I amazed they would opt for such a plan...Waltham is not what I would call sparsely populated as it now.

They may want to look to Framingham...who did a similar thing in the early 90's when they moved the long term care patients out of the Cushing Hospital and built homes on the grounds.  The site itself is much more pleasing to the eye than the hospital, but I'm not sure the town got the expected benefit for which they hoped.  I'm sure other factors went into the decision, but similar MO.

Follow me on twitter @garyrlake


[ Parent ]
Viable Alternatives (5.00 / 1)
I will first provide my background and experience with Fernald.  I have a cousin who spent several years at Fernald back in the late 80s before moving to a group home.  He continued to return to Fernald for Sunday Mass and to visit with his friends.  I have to say his time at Fernald helped him to adapt to his life in the residential home.  My uncle also worked for almost 20 years, until his passing, at Fernald in various capacities.  So I have had the opportunity to visit Fernald to both visit my cousin and my uncle.  It was a place where people requiring additional support where able to get the assistance they need. It is a shame that it has reverted to a shadow of its former self in what appears to be an attempt to take advantage of the land value.

That said, I wonder if the state has taken the time to seek alternate solutions or if they have chosen to seek to "profit" from the sale of land in difficult economic times.

Just a short drive from the Fernald there exists and example of how development and an existing institution can coexist.  I would hope that the state has looked at how McLean managed to develop the land around its existing facility without negatively impacting the services it provides its residents.  I would like to think that a solution that provides for the development of open land and the retention of the existing Fernald residences would allow for the development of the open spaces, and realization of the proceeds from the sale of the land by the state, while retaining the very necessary facilities at Fernald.  I would go even further to say that both the residents of Fernald and those of any new development would benefit by each others presence.

I would call for the state to take a step back and review its approach to see if there exists a better alternative to meet the needs of all parties involved.


There is a viable alternative.... (4.60 / 5)
but the Governor will not listen.

The Fernald League has submitted a "postage stamp" proposal that proposes reducing the size of the campus (everyone admits 200 acres are not needed), maintaining and upgrading what is critical which frees up the vast majority of the acerage.  Under this proposal the life-long residents who need the kind of care provided by Fernald are allowed to remain in their homes, it can't cost much since it already exists, and the state reaps the windfall from the sale/redevelopment of the land, and stops the stream of ex-Fernald employees to the unemployment office.  Sounds like a no-brainer to me.

This proposal was submitted years ago when this all started.  THE GOVERNOR WILL NOT GIVE IT SERIOUS CONSIDERATION OR RECONSIDER HIS POSITION--PERIOD--END OF STORY!

If you think about it, if he had been willing to sit down and "work together" (a campaign slogan) to discuss a moral and economical solution, the state could have had the benefit of the windfall from the sale of 3/4 of the land when values were through the roof.  He could have saved the taxpayers who knows how many dollars in lengthly court battles.

This concepts would work at all the developmental centers he has slated for closure,  Those centers have more acreage.

The problem must be it makes too much sense.

The Governor and legislature couldn't wait to reconsider their position when they learned that ZOO ANIMALS might be harmed by their policies but refuse to reconsider their position on Fernald.  Its pretty bad when the administration places more value on zoo animals than severely disabled human beings.  Kind of says it all.

It really is a land grab-nothing more.


[ Parent ]
Thank You (5.00 / 1)
Clarification is much appreciated.

I am continually amazed by the Governor's lack of sensible approaches.  I had much hope for him only to have it proven time and again to be inaccurate.


[ Parent ]
Republican Hypocrisy? (2.00 / 2)
Weld, Celluch, Baker and Romney did the right thing and tried to close arcane state institutions and move clients to small community based homes. Now that Patrick is continuing the same practice why not support him? The reality is that 99% of families with a loved one who has a developmental disability does not want their loved one in a 19th century institution. A whole generation of persons with disabilities has only been offered community care and have done just fine. Have seen anyone trying to get into Fernald? I don't think so.

Give me a break fredtsmurch (0.00 / 0)
Can't you at least come up with a comment that makes sense.

Do you really think that anyone would battle for 6 years to keep some one in a "19th century institution"?  You've got to be kidding!

I guess the 1% you regard as inconsequential should.....?

 


[ Parent ]
sue01 (1.00 / 1)
so should 1% use 20% of the budget. The costs of Fernald far out way community programs that care for the same types of clients. What an irresponsible waste of tax payer money. I thought you guys/gals thought saving money was the most important thing in the world. People are afraid of change. If you made the choice to put a family member in Fernald 40 years ago and resisted community placement all those years, why would you change course now?  The resistance to reform is understandable. Yet the reality is that only a small group remains at Fernald, gobbling up a large share of the dds budget, and they can be care for just fine in smaller group homes.

[ Parent ]
Saving money (5.00 / 1)
Lets get a few things straight.  

40 years ago there were no choices.  My parents did not have the luxury of deciding between Fernald and any other place because they didn't exist. They searched for years.

The only reason alternative exist now is because the parents of 40 years ago took the state to court and won. The result, your "19th century institutions" were transformed into the comprehensive treatment facilities we call developmental centers today.  The community based support systems was established. Much of the success in the community can be attributed to methods of treatment of medical and behavioral issues learned, mostly from trial and error, in the facilities.  

I suspect by your comments you are in the provider industry so in reality you should thank all those parents for your job.

Don't you think that the parents that helped create the system would want their child in that system if it was possible.  The fact is, in some cases it is just not possible. The DDS agrees with me, in writing, that ICF level care is required.

Budget wise.  Last years DDS budget was $1.2 billion.  Of that $700+ million went to community based programs (that doesn't include taxpayer dollars into the community from other sources such as medicare, section rent subsidies, foods stamps, etc.).  $144 million to all 6 developmental centers.  The remainder $300+ million to the bureaucracy.  I don't think its the facilities who are getting the lions share here.  If cuts need to be made, shouldn't the bureacracy take the hit instead of the people the money is intended for.

There are always alternatives and compromises that can be made that lead to solutions in complex issues such as this.  Thus far, the Governor has been unwilling to discuss any alternatives or solutions.

I would think the community system would be up in arms that the "Facility Expansion Plan" contains no real expansion beyond the people they are evicting--450 beds by 2013 and 450 being evicted by 2013.  What expansion?  What about all those that are desperate for placements in the community.  It contains no planning for them or for any future long-term planning.

My point is, both options, community and facilities should be available. Under the governors plan, everyone suffers.

 


[ Parent ]
First there was one parent that took the state to court... (0.00 / 0)
...the late Ben Ricci...a damn Democrat

[ Parent ]
It is a false argument to claim that (4.00 / 2)
1% of the clients are using 20% of the budget.  As I said in this post, no one has done a proper, apples-to-apples cost comparison of facility versus community care.  When a Fernald resident is moved to the community, her costs will go with her. Only now, there will no longer be a centralized location for all of the clinical and medical services that this resident still needs.

Simply comparing the facility line item with the community line item in the state budget is not meaningful. Even the Arc of Massachusetts appears to recognize this (see my post above).  


[ Parent ]
Fred/Festus/Frank? (0.00 / 0)
 Weren't you supposed to leave? BMG had an intelligent discussion of this issue just a few days ago. Where were you? We know you're a typical democrat who lies out of both sides of his two faces.
How would you like to be in a facility where THEY tell you what they're going to do to/for you today. Mind you, they're going to do it anyway, YOU have no choice in the matter. Then you're restrained. Who are we and the cops going to believe? The well trained health care professional, or you: the nut in a strait-jacket?
I was in a nursing home for the summer of '08. my caveat was that I had visitors daily, a sound mind, and a cell phone. Some of my MR disabled brethren don't have that luxury.

http://wbztv.com/iteam/i.team....

Stuff can happen, records are easy to fudge.


[ Parent ]
I doubt Fred has any idea who Frank and Festus are. (0.00 / 0)


[ Parent ]
The Patrick administration's big policy and management failure (5.00 / 2)
Dave,

Fredismurch post a comment that no one is seeking admission to Fernald and the other state operater intermediate care facilities.

Three important points that this arguement misses are:

The Commonwealth (read Department of Developmental Services, DDS) closed admissions and will not accept requests for admission so a young parent or guardian is not allowed and openly discouraged from seeking admissions unless they have political connections.

Too many people are making bricks and mortar arguements about facilities v. a group home in a community. If we carry that arguement to it's conclussion that we should advocate for the closure of all nursing homes and assisted living facilities.. Obviously, all elderly people deserve to live in a four bedroom community home and not a nursing home.

Intermediate Care Facilities like Fernald are operated under strict federal regulations which are important to the limited number of individuals with intelectual disabilities. The recommended group homes are operated under a program called Home and Community Based Waiver. Every baseball fan knows that the "waiver trades" made in September are not equal. One side loses by definition.

The guardians who know the difference are fighting for mandated services and not just the bricks and mortar of Fernald.

Mav


Well put (0.00 / 0)
To move your family member from an intermediate care facility to a community based location, you must sign this waiver. That means I am waiving a particular level of care and am agreeing to a lesser level of services.

What happens if that doesn't work?  Under this new policy there IS NO GOING BACK.


[ Parent ]
The way I see it (5.00 / 3)
The way I see it, the Patrick dictatorship has not only not allowed admissions to the facilities, but is violating federal law by not offering these services to qualified individuals. Considering the age of the average resident of the intermediate care facility for the mentally retarded, this practice has been going on for years.

There are also plans in the works to include elders in the long term community planning, and I find that alarming in light of the fact that there is no money for community-based care.  


The way I see it (4.67 / 3)
Not only has DDS not allowed any new addmissions to the facilities for many years, they are also denying addmissions to state operated homes in the community to families that have been trying for years for a placement.  After the ICFs have all closed is this government going to close down all the elderly housing in all their very large high rise buildings?

Fernald is a comunity of elderly fragile residents. It is unjust and cruel what they are doing to the residents and their families.


[ Parent ]
I have to agree mam (0.00 / 0)
It is unjust and cruel!  I can't think of anything more cruel than to force these elderly fragile people from their life long homes.  

[ Parent ]


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