[nfbmi-talk] mpas minutes

Thu Oct 16 12:32:53 UTC 2014

Interesting minutes.

Other than another hoop for BS4BP clients to jump through to challenge BS4BP
illegal acts, I see no reasonable or legal reason to require BS4BP clients
to notarize release of information to MPAS.
Is this board not a public body?  Why are staff last names replaced with xs?
What do they have to hide.

As it really matters, Terri Lamb is a candidate for U.S. Senate from
Michigan, rather than Secretary of State.  She is former Michigan Secretary
of State.  Election polls show Ms. Lamb trailing Democrat Gary Peters by 10
or morre percentage points in the U.S. Senate race.

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast via nfbmi-talk
Sent: Wednesday, October 15, 2014 4:42 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] mpas minutes

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 

_______________________________________________
nfbmi-talk mailing list
nfbmi-talk at nfbnet.org
http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
To unsubscribe, change your list options or get your account info for
nfbmi-talk:
http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/terrydeagle%40yahoo.
com