[nfbmi-talk] mpas minutes

[joe harcz Comcast]

Check out the end here the clowns at BSBP are requiring complaints are notorized! Moreover, as a virtually totally  federally funded entity there are no confidentiality denotations in board minutes for MPAS staff. They are public employees. And under the Michigan OMA and FOIA this publicly funded entity like all of them must remit minutes within eight working days and not just after approval. But these goofballs, the law firm for people with disabilities doesn't even follow the ADA or Section 504 itself.

Moreover, there are several board members here who are clearly in conflict of interests and not the least of them is Ms. Terri Lynn Land the current candidate for Secretary of State.

Joe Harcz
 

MICHIGAN PROTECTION & ADVOCAY SERVICE, INC.

BOARD OF DIRECTOR’S MEETING

 

May 20, 2014

 

Present: Kate Wolters, Pam Bellamy, Selena Schmidt, Kathy McGeathy, Stoney Polman, Jane Shank, John McCulloch  via phone: Ron Bush, Tom Landry, Veda Sharp, Donna DePalma, Terri Land

 

Absent: Mark Lezotte

 

Staff: Elmer Cerano, Michele XXX, Camilia XXXX, Chris XXX, Mark XXXX, Mark XXX, Sara XXXX, Michelle XXX, Brian XXXX, Charlie XXX

 

Guests: Paul Palmer

 

I. Call to Order

 

The meeting was called to order by President, Kate Wolters.

 

II. Introductions

 

III. Approval of the Agenda

 

The agenda was presented for review.

 

MOTION BY Stoney Polman TO APPROVE THE AGENDA AS SUBMITTED. SECOND BY Kathy McGeathy. MOTION APPROVED UNANIMOUSLY.

 

IV. Approval of Minutes

 

The minutes of February 25, 2014 were presented for approval.  Pam Bellamy noted that the last name of essay contest winner, Reginald, was not included.

 

MOTION BY JANE SHANK TO ACCEPT THE MINUTES AS AMENDED. SECOND BY RON BUSH. MOTION PASSED UNANIMOUSLY.

 

 

V. President’s Report

 

Kate Wolters reported that she, Elmer Cerano, Chris XXX and Brian XXXX attended the Disability Policy Summit in Washington, D.C.  In attendance were also our partner agencies from the DD Council, University Centers and other advocates.  The four attended a send off for Senator Harkin who is retiring. The group made Hill visits to Michigan delegation regarding the Murphy Bill, primarily those that would have push back on the Bill and also met with individuals regarding the ABLE Act.

 

VI. Executive Report

 

Mr. Cerano reported that the Murphy bill is becoming hotter and it is related to the limitations we have on lobbying. We understand we cannot lobby and we do not. Chris and Doug went to DC to meet with Michigan delegation regarding the Murphy bill and their time was charged to unrestricted fund.

 

Elmer stated that there is a serious problem in Michigan related to the CMH general funds dollars. The problems; they recalculated the formula as to how to distribute the available GF dollars removing money from Oakland, Wayne, Macomb and Kent co and moving those dollars to smaller CMH boards. 

 

In the calculations for the Medicaid Expansion, when the state expanded the Medicaid program to cover additional people under the Affordable Care Act they calculated the numbers to begin January 1, 2014. The Legislator did not pass the bill with an immediate effect, which meant it did not kick in until April 1, 2014.  That meant 25% of the year was already miscalculated. Not everyone was enrolled and the dollars were short.  The General fund dollars were reduced before the Medicaid dollars increased.  The legislature approved supplemental appropriations but was not enough to cover some of the issues.

 

Kate Wolters asked what the agency should do. Cerano stated the agency is watching closely.  One of the issues is whether the state can come up with the additional dollars or if it is a timing issue.

 

Mr. Cerano stated we received a request from NDRN for info on what percentage of our funding comes from non federal sources. NDRN asked us not to count money we received where we spend federal dollars, and get attorneys fees and the cost reimbursed. We could do that, but it didn’t match our annual report where we show those dollars as earned income. Eight percent of our budget is non federal and could be used for lobbying if needed.  We could not go along with the recommendations from NDRN that we show those figures differently. There is an emergency meeting of all the CEOs to discuss what NDRN wants to do with it.  In the Murphy Bill they are criticizing P&A because 98% of the budgets nationally are from federal sources and they claim is used for lobbying.

 

Stoney Polman stated that the other P&As need education and the mindset that we are there to educate, not lobby.

 

Michele XXX sent e-mail back to Polly from NDRN stating that unless you are budgeting unrestricted money, you shouldn't be using grant money for lobbying. 

 

Staff reports

Elmer has asked staff to come and report on cases they are handling.  

 

CAIR Team

Sara XXXX, CAIR Team advocate, reported on an incident she learned of through the Bureau of Health Care Services (BHCS) surveys regarding an individual experiencing respiratory distress. This was due to maggot obstruction in her trach and airway. Records were requested from the facility in November, 2011 and allegations were filed against the LPN and CNA's.  Ms. XXXX reported other cases that she learned of through the surveys and filed allegations.

 

Kathy McGeathy asked if we work with the Ombudsman of these facilities to learn of these complaints. Ms. XXXX stated that we learn of the complaints from reviewing the surveys from BHCS.

 

Kate Wolters asked if we can randomly go into facilities and check them out. Michelle XXX stated that staff already monitors nursing home facilities.

 

Ms. Wolters asked if we could partner with another agency to investigate these facilities.

 

Kathy McGeathy suggested the agency partner with the Ombudsman and train them on what to look for in residents records and how to report.

 

Legal Team

Mark XXXX reported on the new staff attorneys, Kyle XXX and Andrea XXXX, Ms. XXXX transferred from the CAIR Team.  Four of the five staff attorneys have less than five years practice.  The legal team is trying to leverage resources and work with outside firms who are willing to donate pro-bono time. The team is in discussion with the Bazelon Center over the provision of special education services and discrimination against kids with serious emotional disturbances. The agency is partnering with the Covington and Burling firm in Washington, D.C. who will provide logistical support.

 

I&R&E Team

Mark XXX, Director of Information and Referral and Education Services team reported the I&R&E team handles all the short-term assistance for the agency and intake for the direct representation work that the agency does.  The I&R Team handles about 8,000 calls a year. The team does some direct work on education services and monitoring of children’s facilities.

 

Ms. Wolters thanked the staff for their reports and all the hard work they do.

 

VII. Public Comment

None

 

VIII. PAIMI Advisory Council

 

Selena Schmidt reported for the Council. The Council met last week and discussed the CMH funding. 

 

The Council discussed the use of tasers in facilities on patients. The Council has decided to look into policies and procedures and pull some data together to see where we are going and if this is a potential problem that we will see in the future.  Chris XXXX will be assisting with data.

 

IX. Committee Reports

 

A. Audit Committee

 

Tom Landry reported for the Committee.  Michele XXX and Tom Landry interviewed two auditor proposals from Yeo & Yeo and Maner Costerian.  Yeo & Yeo's original proposal was $81,620. Manner Costerian was $108,100. During the interviews both firms were asked the same questions. Both firms are long established in the area. 

 

Michele XXX reviewed the hours that the firms were proposing and noticed Yeo & Yeo was substantially under the hours that other firms were quoting was needed. Ms. XXX called them to see if they were comfortable with their proposal and hours. Yeo & Yeo changed their proposal from $81,620 to $101,570 for a 5 year contract.

 

Tom Landry's recommendation is that we award the audit to Maner Costerian and that Michele XXX contact them and see if they will match Yeo & Yeo's proposal of $101,570. Even if they do not, they are still the firm recommended. 

 

Kate Wolters asked how much we paid our auditors this year.  Michele XXX stated we paid $26,000 on the last year audit. 

 

John McCulloch support with the committee's recommendation and supports Tom's motion with the caveat that we go back and try to get them to amend their contract to $101,570.

 

MOTION PASSED UNANIMOUSLY.

 

B. Board Development

 

Elmer Cerano reported that Paul Palmer has expressed interest in serving on the board.  Mr. Palmer has come to the meeting to introduce himself.  Kathy McGeathy has known Mr. Palmer for a long time and has worked with him on a variety of issues and on the DD Council.  Mr. Palmer is dedicated and a good advocate.

 

Paul Palmer expressed interest of sitting on the board. He stated he was the chair of the DD Council from 89-91. He joined the DD Council transportation workgroup and is now the chair of the public policy.

 

Ms. Wolters thanked Mr. Palmer for his interest and stated the Board Development Committee will meet and bring a formal recommendation to the next meeting.

 

C. Budget & Finance Committee


Michele XXXX reported for the committee.  All of the grant awards have come in higher than thought. There is a little more revenue and cushion.  The carryover also came in better than thought. The agency is in a good position of an annual budget and is currently in the middle of the computer upgrade. 

 

The PAIR grant is overspent now and will be overspent at year end. PAIR is the bucket for those that are not eligible for other grants and for the nursing home work. 

 

 

John McCulloch asked where we are at on our investments.  Michele XXXX stated that everything is in a CD as required by the board and Finance Committee.  The CDs are all alternating throughout the year and most are for one year.  Last year we made approximately $2,000.

 

MOTION BY John McCulloch TO RECIEVE AND FILE THE FINANCIAL STATEMENTS.  SECOND BY Stoney Polman. MOTION PASSED UNANIMOUSLY.

 

D. Public Policy Committee

Stoney Polman reported the committee met via teleconference.  Ms. Polman deferred to Chris for updates.

 

The Murphy Bill

The agency has had a constant presence on the Hill. Chris thanked Kate Wolters for taking time to do Hill visits and educating individuals.  There has been support from the Board and the PAIMI Council with letters, e-mails and telephone calls to the Michigan Delegation.

 

A hearing was granted for the Bill in the Health Subcommittee on the House side of the Energy and Commerce, chaired by Congressman Upton.  Congressman Murphy was given time to speak and his behavior became inappropriate at times.

 

John McCulloch asked if is worthwhile to stress to the Michigan Delegation that did sign on if they are aware of his behavior and to encourage them to take their name off. Chris XXXX stated that during the Hill visits it was made clear that they need to be aware of Congressman Murphy's behavior.

 

Next step would be a mark-up. NDRN has come up with draft language for amendments if it does take place. In the meantime an alternative bill has been proposed by Congressman Barber. The Bill does not include forced outpatient treatment and puts power back in to SAMSHA as opposed to take it away.

 

Elmer reported on the Detroit Wayne Mental Health Authority (DWMHA).  Tom Watkins is the new director. 

 

X. Old Business

None

 

XI. New Business

 

Pam mentioned House Bill 5581 which changes from the state board to the Department of Treasury to look at the MEAP testing.  

 

Employment Team

Brian XXX reported for the Employment Team. Mr. XXX introduced new advocate, Charlie XXXX.

 

The team has been dealing with the Bureau of Services for Blind Persons (BSBP). BSBP wants our clients to have their Release of Information form from MPAS notarized. 

 

XII. MOTION TO ADJOURN 

 

Minutes prepared by:                                                                

                                    Camilia Limas, Executive Secretary

 

 

Minutes approved by:                                                               

                                    Jane Shank, Secretary