People & Places, page 9
Volume 24, Number 3
Ruling outlines medical suppliers’ burden by Access Press staff
Could changes at the federal level cause harm to people with disabilities who need specialty medical equipment? That is the concern centered on a ruling last month in the case of Key Medical Supply Inc. versus Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, and Marilyn Tavenner, Acting Administrator of the Centers for Medicare and Medicaid Services. U.S. District Court Judge Donovan Frank granted the defendants’ motion to dismiss the case, for lack of subject manner jurisdiction. He also denied the defenSuppliers’ burden - p. 10
March 10, 2013
www.accesspress.org Never too soon
Start planning now for summer fun by Access Press staff
For most families the search for a good children’s summer camp program, sports teams or activity program starts when snow is still on the ground. Children with disabilities need not be left out of the fun and traditions of camp, crafts, sports and field trips but it does take planning to make an enjoyable summer. Finding summer activities for children with disabilities is much easier than it was Even a fake dolphin can be a good playmate at summer camp. File photo years ago. Still, parents need to be diligent about asking the right questions about accessibility and accommodations. It’s also important to find programs where children will have fun and be comfortable, and not feel out of place. Unfortunately, children with disabilities can be subjected to many forms of bullying at recreation centers and camps. The Americans with Disabilities Act (ADA) makes more options available for children. In the vast majority of cases public and private programs cannot deny participation in programs based on disability. If participation would pose a direct threat to the health and safety of other participants or would fundamentally alter the nature of a program, there could be exceptions. But most programs, policies and procedures can be modified and ways can be found to inclusive to all children. Summer fun - p. 13
State operated services criticized in auditor’s report
The security hospital in St. Peter is one of the facilities studied in the state’s audit. File photo
by Jane McClure
The Minnesota Department of Human Services (DHS) needs to find new ways to manage state-operated facilities and services for persons with chemical dependency, mental illness and developmental disabilities. The call for change is made in the wake of a critical report by the Minnesota Legislative Auditor’s Office. The report details problems ranging from a rise in assaults, to patients kept at facilities for longer than they should. State lawmakers requested the audit last year. The audit report states that “a wide range of significant problems” were found as a result of the auditor’s scrutiny. “Of particular concern, we found that the department’s approach to managing state-operated services has caused confusion and resulted in inadequate oversight and accountability,” Legislative Auditor James Nobles said. “Among other recommendations, we call on the legislature to more clearly define in law the state’s role and objectives in directly delivering human services and operating facilities.” Nobles presented the report February 27 to state lawmakers, telling them the audit revealed “significant and persistent problems.” Members of the Senate Health and Human Services Committee said they are frustrated about the problems. Sen. Tony Lourey, (DFL-Kerrick) was among those expressing frustration at how long problems have gone on and the lack of communication about problems. He and other lawmakers said they support
the recommendations from the legislative auditor. In a statement, DHS Commissioner Lucinda Jesson said, “We agree with each and every recommendation in the auditor’s report. We have already begun implementing many of the auditor’s recommendations.” DHS has already taken a number of steps ranging from changing division leadership and installing new managers for the troubled state security hospital in St. Peter. That facility is currently under probation, after violations including seclusion and restraint of residents, were found in 2011. Jesson also pointed out that Gov. Mark Dayton’s budget includes money for transitional housing and supportive services for people discharged from state-run facilities. The DHS State Operated Services division has a budget of almost $300 million. It runs about 130 residential facilities, ranging from group homes to the Minnesota State Security Hospital in St. Peter. Almost 1,300 people live in the facilities. Thousands more are served as outpatients. Nobles questioned whether some clients can be better served by private providers and whether other clients are better off in community-based settings. The recommendation for privatization would be for smaller facilities and not for larger state hospitals. One huge problem is that of safety for residents and employees. The number of assaults involving staff or residents at DHS facilities almost doubled in 2012 with a total of nearly 2,000 incidents. The report also outlined a rise in reported sexual incidents, self-injuries and threats. While the increased number of assaults may be partially due to changes in reporting standards, legislators expressed surprise at the high numbers. They also are worried about the report’s concerns about use of restraints and seclusion techniques in state facilities. Another red flag is the number of ongoing problems at the Minnesota Security Hospital in St. Peter. Auditors found that many of the facility’s 400 patients, being among the most mentally in Minnesota, don’t regularly receive therapy or see psychiatrists. More than half of the patients have not seen a psychiatrist in the past 30 days. Patients spent, on average, about 16 hours a week in various State services criticized - p. 10
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NEWS DIGEST
She’s a dedicated volunteer. Page 9 Read about the 2013 Minnesota Legislature’s activities, with everything including the kitchen sink. Page 3 Food is no fun when eating hurts. Page 4 Check out what’s new and weigh in on programs and services through a new Minnesota Department of Human Services column. Page 5 Lots of things can be used to adapt toys and spark learning. Page 14
INSIDE Accessible Fun, pg 11 Events, pg 12 People & Places, pgs 7 & 9 Radio Talking Book, pg 13 Regional News, pg 6