Disability center boss defends its program

Democrat & Chronicle, July 24, 2010
Patti Singer • Staff writer • July 24, 2010

Leaders of the Center for Disability Rights defended their administration of a personal care assistance program a day after Monroe County ended the contract, citing “widespread lapses in client care.”

Bruce Darling, chief executive officer of CDR, said that the county took “an extreme response to isolated incidents” when it dropped the agency from the Consumer Directed Personal Assistance Program. The program allows Medicaid-eligible participants to hire their own attendants.

On Thursday, the county made available to the media a letter from Department of Human Services Commissioner Kelly A. Reed to County Executive Maggie Brooks that detailed findings from four of 12 cases it investigated and recommended ending the contract.

“There are isolated incidents where we have not been perfect, sure,” chief operating officer Chris Hilderbrant said at a news conference Friday morning. “As a whole, an allegation of widespread neglect or failure to provide quality services is absolutely false.”

Darling said that disciplinary action was taken against an attendant mentioned in one of the cases.

About 50 people — CDR staff, program clients and attendants — filled a conference room at CDR’s office on State Street.

Darling explained that the role of CDR wasn’t to hire, train or assign aides. Instead, he said it handled payroll, billing and personnel files for the attendants hired by clients who managed their own services.

The program, which also has been called the Consumer Directed Personal Attendant Program in some county correspondence, serves people who are chronically ill or have disabilities and have a medical need for help with activities of daily living. The program is designed for people who can coordinate their own care or have help from a family or close friend to do so. The county determines whether an individual is suitable for the program.

On Thursday, Darling received a five-sentence letter from the county’s law department stating that the relationship between the county and CDR “is hereby terminated.” The letter did not give details.

“We’re really shocked by this. We tried to work in good faith with Monroe County.”

The Department of Human Services began investigating within the past 60 days after hearing of issues, Reed said. She said there had been ongoing dialogue with CDR, but there was not a formal warning.

Darling said that a letter had been sent Friday morning to Brooks requesting a meeting. County spokesman Noah Lebowitz said that Brooks’ decision was final and not negotiable. “Any further discussion with CDR will only be related to ensuring successful transition for clients to other vendors.”

CDR was one of six providers for the CDPAP program. Of the 361 county residents enrolled in the program, 303 are with CDR. They were informed by letter earlier this week that they would have to choose a new provider.

CDR was reimbursed by the state, through Monroe County, $16.97 per hour for the services, and the contract was worth $14.4 million to the nonprofit organization. Reimbursements for four of the other five agencies are about $3 per hour higher (one was unavailable). County taxpayers won’t be affected because Monroe does not bear the local share for the cost of Medicaid.

Reed said that CDR is known throughout the state for its role in advocating for people with disabilities, a role that she respects. But with that comes a responsibility to the people served, she said.

“They are obligated to ensure that quality care is provided to the disabled in this community, and they market their reputation on that. To stand up in front of you today and suggest they have no responsibility for that because they are a fiscal conduit for this program is to suggest their advocacy role is compromised. I don’t think they really want to do that.”

She said that the concerns raised by the investigations required immediate action.

Attendants and clients expressed concern at Friday’s news conference about whether their relationships would continue.

Hope McGinnis of Rochester has worked for Shelly Perrin for five years. “She’s more than a consumer. She’s family,” McGinnis said.

Karen Schiess of Brighton has seven aides for her 25-year-old daughter, Rebeka. She said that CDR listens to the clients and provides support in their work with aides.

“Families with disabilities have problems,” she said. “We don’t need angst over going to another program.”

PSINGER@DemocratandChronicle.com