Judge reserves decision in Center for Disability Rights hearing

Patti Singer • Staff writer • August 23, 2010
Democrat and Chronicle

The attorney for the Center for Disability Rights this morning asked State Supreme Court Justice John Ark for a hearing about the charges that Monroe County made about the quality of care in a personal attendant program, but the county maintained that nothing has changed in its stance with the agency.

Attorney Matthew Fusco said that there should be an exploration of the facts behind the county sending a news release and claiming that an investigation of 12 clients in the Consumer Directed Personal Assistance Program found “widespread lapses in care.”

Fusco maintained that the comment led to the agency being stigmatized.

“If CDR feels it was stigmatized by people being made aware of its activities, then it shouldn’t have allowed the lapses in care under its watch in the first place” county spokesman Noah Lebowitz said after the proceedings.

Since the county announced in July that it was ending its relationship with CDR, clients have been moving to five other agencies that have a contract to provide CDPAP services. Second deputy county attorney Richard A. Marchese told Ark that 160 people had done so.

Ark said that he would reserve his decision and asked both sides about their availability in the next two weeks.

Until then, he said that the situation should remain as it is. About 50 people were in the courtroom, 12 of whom were in wheelchairs.

“I take it that some of the people are here,” Ark said. “I want to thank the recipients-slash-clients for being here. It was helpful.”

After the proceedings, county attorney William K. Taylor said, “We’re still confident in our legal position,” said “For those remaining, we would encourage them to continue to transition.”

The court appearance was part of CDR’s efforts to be reinstated as a CDPAP vendor.

In CDPAP, Medicaid-eligible clients who have been deemed qualified by the county are able to hire, train and supervise their own personal attendants. CDR has maintained that it acts only as a fiscal intermediary, handling paperwork and other administrative duties. The county has said that CDR is responsible for the attendants.

When the county terminated the contract, it notified CDR clients that they had until Aug. 1 to select a new vendor from one of the other five that administer the program for the county. Earlier this month, CDR had gone to court in an effort to stop the county from transferring the clients. The court ordered an extension, which ran through today. However, when the county first announced it was ending the contract, Department of Human Services Commissioner Kelly A. Reed said that the department would work with clients on a smooth transition without an interruption in services.

Marchese said that even though today was the deadline for selecting a new provider, the county was not preparing to send termination letters to clients who had not yet made their choice.

PSINGER@DemocratandChronicle.com