County defends decision on disability rights group

Patti Singer • Staff writer • July 28, 2010
Democrat And Chronicle

Both sides had their say as the controversy over the administration of a personal care attendant program by the Center for Disability Rights was heard by the Human Services Committee of the Monroe County Legislature.

Nearly two dozen speakers at the regularly scheduled meeting Tuesday night told of how the program has provided them with independence and meets their needs. Then Department of Human Services Commissioner Kelly A. Reed explained why she recommended that the county end a contract that had been in place for about 10 years.

“I feel that we have taken action that is in the best interest of the disabled in this community,” she said. ” … My job is to make decisions in the best interest of the community. I don’t get paid to be popular.”

The controversy is over CDR’s operation of the Consumer Directed Personal Assistance Program, which allows Medicaid-eligible residents who meet certain criteria to hire, train and supervise their attendants. Supporters claim that the program makes them more independent than they would be with a traditional home care agency.

On July 21, the county sent letters to CDR clients telling them they would have until Aug. 1 to choose from the five other agencies that administer the program.

The next day, the county said in a news release that there were widespread lapses in care, and gave details of an investigation of 12 cases and a letter from Reed to County Executive Maggie Brooks that recommended ending the contract. The investigation started in late May, according to Reed. The county had flagged cases from consumer complaints or because of issues with a system that checks aides’ attendance. Of those cases, Reed said the county chose 12 at random and found issues in all of them.

The county detailed four cases in which clients who were supposed to have 24-hour care were left alone for stretches at a time, which it said compromised their safety. In one case, a person had to be hospitalized and later transferred to a nursing home.

There are over 303 clients and more than 700 aides affected by the decision.

Officials of CDR have called the allegations false. On Monday night, some employees, clients, attendants and supporters began a vigil outside the county office building at 39 W. Main St. After Tuesday’s meeting, many of those who spoke or sat in the gallery prepared to spend another night on the sidewalk.

“At this point, I want to let the people’s voices stand on their own,” said Chris Hilderbrant, chief operating officer of CDR. “I think it was clear what the people wanted. Despite that, Commissioner Reed said she knows what’s best for people.”

More than 50 people filled the gallery Tuesday night and benches had to be removed to make room for wheelchairs. It took many speakers a minute or two to make the trip from the back of the room.

Several said that if there were problems, those situations should be addressed, but the program should be spared.

“To punish the masses for a few people, that’s wrong,” said Michael LeRoy, 34, of Greece, who is a quadriplegic. “If they can’t manage their own care, they don’t belong in the program.”

Tom Gregory of Rochester, who said he was not connected to the issue but attends many meetings of the legislature and its committees, asked the audience to consider the county’s perspective.

“The county received some reports, the investigation turned up questionable practices.”

After the speakers concluded, Reed was asked by Legislator Debbie Drawe, R-Penfield, committee chairwoman, to offer context for the decision and she answered questions from Legislator Carrie Andrews, D-Rochester. But by that time, there were only about a dozen people left in the gallery.

Reed said that when the program is properly administered, it does empower consumers.

She also tried to correct what she said was misinformation that clients would lose their aides by transferring to one of the other agencies.

PSINGER@DemocratandChronicle.com