Disability rights advocate ‘shocked’ by contract termination

By Dan Goldman, staff writer
Messenger Post
Posted Jul 23, 2010 @ 01:11 PM
Last update Jul 23, 2010 @ 01:30 PM
Rochester, N.Y. —

Center for Disability Rights (CDR) Chief Executive Officer Bruce Darling said he was “shocked” to learn that Monroe County terminated its business with the group on Thursday.

The county claims there were widespread lapses in client care.

??”In our opinion, CDR has acted, or failed to act, in a way that not only represents a disservice to taxpayers, but blatantly jeopardizes the health and overall wellbeing of some of our community’s most vulnerable residents,” said Department of Human Services Commissioner Kelly Reed in a letter to County Executive Maggie Brooks.

CDR Chief Operating Officer Chris Hilderbrant said the cases the county identified don’t backup an allegation of widespread lapses in care. “The allegation of widespread neglect is absolutely false,” he said.

One example the county cited was a quadriplegic client living with Multiple Sclerosis. The county said the client was left unattended with knowledge of CDR.

“At the time this was brought to our attention we did have a staff member that didn’t act appropriately, it was an isolated incident and action was taken,” Hilderbrant said. “As much as that was an unfortunate situation I don’t think we claimed our services are perfect, they’re very good.”

Another instance provided by the county said a client with disabilities who requires 24-hour service had a “self-directing other” who scheduled her service. The client feared for her safety because the self-directing other scheduled aids without her approval. The county said the aide came to the client’s house intoxicated and fell asleep on the couch. The county said CDR had done nothing to ensure the safety of the client and failed to notify the Department of Human Services.

“That’s ultimately between the person getting physical care and the self directed other,” Hilderbrant said. “We were aware of the situation and we were intervening. The attendant involved was disciplined at the time. The self-directing other is not selected or paid by CDR, that’s set up to the consumer.”

CDR has worked with the county since 1998 as its primary service provider for the County’s Consumer Directed Personal Assistance Program (CDPAP). The CDPAP is a Medicaid program that provides services to the chronically ill or people with physical disabilities who have a medical need for help with activities of daily living or skilled nursing services.

Of the 361 people enrolled in the county’s program, 303 use CDR. The group also operates in 11 other counties.

Darling said the program is different from home care.

“This program is based on the assumption that the individual is able to manage their own services for themselves, Darling said. “If they’re not able to manage their own services they may have a surrogate who can do it for them.”

Darling said CDR is not a home care agency, but a fiscal intermediary. The group processes payroll and billing, assists consumers in recruitment of attendants, and provide training to consumers. However, it is the consumer or surrogate who is responsible for recruiting, interviewing, training, hiring, supervising scheduling and terminating of their attendants

The termination of the contract means attendants will lose their jobs and consumers will need to find other ways to meet their needs.

Hilderbrant said CDR intends to meet with Brooks to come to a resolution.

The county’s decision came a few days before the 20th anniversary of the American Disabilities Act.