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A Call for Transparency
To: The South Carolina Senior Community From: Curtis M. Loftis, Jr.
NOTE: Lt. Governor André Bauer is committed to transparent and accountable government, not only within this office, but across South Carolina. He is also committed to targeted, well-managed privatization of certain governmental functions. Privatization that is not prudent, transparent, and accountable to the people of South Carolina is unwise, as examples of such activity in Texas, Indiana, Missouri, Wisconsin, Pennsylvania, and other states have shown us. Simply turning the fate of our ill, frail, elderly and disabled over to private enterprise without proper government oversight cannot stand.
Lt. Governor’s Office on Aging report on the Medicaid Transportation Advisory Committee
I am distressed to report that the Medicaid Transportation Advisory Committee has, in my opinion, been made ineffectual by the actions of the Department of Health and Human Services. The appalling lack of transparency by HHS has rendered impossible the committee’s efforts to follow the mandate given by state law.
What began as our attempt to advocate for seniors and adults with disabilities by understanding the new brokerage system and assisting in its implementation has disintegrated into a “turf battle” where the committee's right to public information has been thwarted at every opportunity by HHS.
The committee has met only once, and at that meeting no meaningful information pertaining to our mission was made accessible by HHS staff. Not one complaint was presented for review, and information requested by various committee members was not distributed during the meeting. Members of the committee asked that specific information be forwarded after the session, and the self appointed “leader” of the committee Ms. Felicity Myers of HHS, assured us that the information would be forthcoming within one week. What is most distressing is that much of the information should have been readily available and could have been emailed to the committee within minutes, or hours, certainly within a week, of our request. Nearly a month has gone by and only one piece of information has been received.
I bring this troubling information to you, our partners, as I know that many of you have come to trust the Lt. Governor’s Office on Aging in these matters. I have been prompt in pointing out our successes and therefore I think it only honorable for the LGOA to advise you of this challenge.
Below you will find the unsigned committee report, authored by HHS, on which no vote was taken nor was it ever authorized in a public meeting. Included in this HHS document are minutes that are neither “true” to the discussion nor inclusive of questions of the committee. The HHS document does “parrot” the self-serving statements of the brokerage companies themselves. I believe that HHS violated the Freedom of Information act by writing a report in private without notifying the public, and submitting it on our behalf. Nevertheless, the sole saving grace to this distressful event is that several dissenting opinions were placed at the document's end.
An accurate report to the General Assembly would be that, absent information being provided by HHS as requested, the committee is unable to issue a report that reflects its legislative charge to review issues and complaints concerning the Medicaid Transportation Brokerage System and make recommendations for the resolution of these issues and complaints. This legislative mandate of an external review of this Cabinet agency's handling of this issue was vetoed by the governor and over-ridden by the Legislature. The issue is also currently under review by the Legislative Audit Council.
Following is the HHS report:
Report of the Medicaid Transportation Advisory Committee First Quarter, SFY 2007-2008
Joint Resolution H. 4178 required the Department of Health and Human Services (DHHS) to establish a Medicaid Transportation Advisory Committee composed of Medicaid service providers, local transportation providers, and Medicaid recipients, who require non-emergency transportation services. The advisory committee was required to have representatives from the South Carolina Emergency Medical Services Association, South Carolina Hospital Association, South Carolina Health Care Association, South Carolina Nursing Home Association, South Carolina Medical Association, Rural Transportation Association, Office on Aging in the Lieutenant Governor's Office, Department of Health and Environmental Control, Public Service Commission, two Medicaid recipients or two family members of Medicaid recipients, and a member of the brokering company operating the Medicaid transportation system. Per resolution, the advisory committee is to do the following:
1. Meet at least quarterly to review issues and complaints concerning the Medicaid Transportation Brokerage System 2. Make recommendations for the resolution of these issues and complaints 3. Issue a report quarterly to the Governor, Senate, and House of Representatives.
The following report includes information and discussion topics relevant to the committee’s mission and scope as expressed in Joint Resolution H.4178. In preparing this report, three committee members offered dissenting comments, and their remarks are included at the conclusion of this document.
Meeting Date - Tuesday August 28, 2007 at the DHHS Conference Room. Committee members in attendance included:
Coretta Bedsole, South Carolina Adult Day Services Association Elizabeth Burt, South Carolina Hospital Association Chuck DaZearn, LogistiCare Dr. Keith Guest, MD, South Carolina Medical Association Scott Jones, South Carolina Nursing Home Association Greg Kitchens, South Carolina Department of Health and Environmental Control Randy Lee, South Carolina Health Care Association Scott Lesiak, South Carolina EMS Association Curtis Loftis, Lt. Governor’s Office on Aging Elaina Macia, Medical Transportation Management, Inc. (MTM) Barbara Manley, Medicaid Recipient Lewis Stephens, Medicaid Recipient Lynn Stockman, Transportation Association of South Carolina Jonathan Teeter, Office of Regulatory Staff
SCDHHS Staff facilitating the advisory committee meeting:
Felicity Costin-Myers, Chief - Bureau of Rehabilitative and Medical Support Services Deirdra Singleton, SCDHHS General Counsel
Members of the committee raised the following discussion topics during open forum:
• Is the broker system saving money? • Is the level of care given to recipients consistent, regardless of provider? • Are the brokers fulfilling the terms of the contract? • Are nursing homes still experiencing delays in pick-ups and returns from appointments? • “Stretcher van” terminology / appropriate use. There is currently no “stretcher van” designation. DHEC is in the process of clarifying this terminology and issues related to “stretcher van” transportation • Who is to provide for a patient escort and the subsequent reimbursement? • Clarification on the appropriate use of non-emergency ambulance services • Need for improved communication of special needs during scheduling (wheelchair, car seat, etc.)
Representatives from each of the transportation brokers provided the following information:
MTM: • MTM staffs phone lines 24/7 • MTM added a support network to handle same day, next day, out-of-region, and urgent trips. An ambulance company in the local area was awarded this contract. • MTM set up a discharge line for hospitals (customer service agents can get the nurses off the phone quickly and they use e-mail and faxes to expedite the trips)
LogistiCare: • LogistiCare staffs phone lines 24/7 • LogistiCare has “facility representatives” dedicated to help providers • Logisticare has a registered nurse available for consultations • Logisticare set up preferred providers for facilities upon request
DHHS Staff guided a discussion to develop potential agenda items for future meetings. The intent is to fully inform members and methodically discuss information relevant to the resolution. Committee members responded with these items:
• Discuss a detail summary (report card) of complaints which includes: o Complaints broken down by provider type and by region o Number of trips by type of transportation • Review the written description of the brokers’ complaint processes • Review the description of the level of care determination process utilized by the brokers • DHEC update on “stretcher vans” • Review the 216 process by which ambulance trips outside the scope of the non-emergency transportation contracts are deemed necessary.
DHHS staff informed members a “report card” draft of broker data would be sent to the members prior to the next meeting. The report card will contain data from May – July. It will be considered a draft until the committee gives feedback and accepts the format. Members were thanked for their participation.
Proposed dates for future meetings November 27, 2007 February 26, 2008 May 27, 2008 (tentative)
Dissenting Comments (3)
--------------------- from Curtis Loftis:
Please accept my unequivocal dissent from the proposed "Quarterly Report." I contend that the committee meeting was not in compliance with the spirit or the letter of the law, and that any report pursuant from that meeting is of little or no value. Despite my constant and vigorous protest, information is not forthcoming in a timely or forthright manner. There is no effort at transparency; in fact I continue to find that obfuscation is the standard practice of HHS.
Unfortunately, I have participated in the "checks in the mail" game before. And frankly, I refuse to wait by the mailbox day after day, week after week, for information that should have been forthcoming long ago. Please enter this email, and the letter below, into the record, and into any reports disseminated by this committee.
Curt Loftis, Jr. Lt. Governor’s Office on Aging
(referenced letter)
Dear Director Forkner,
After careful review of the enabling legislation for the Medicaid Transportation Advisory Committee and after thorough consideration of the events of the last half year, it has become clear to me that the issues surrounding the Medicaid Transportation and Brokerage System are being obfuscated. The question is why and for what purpose.
The legislation states clearly that the Committee is to "review issues and complaints", "make recommendations for resolution of these issues", and to issue a quarterly report to the Governor, Senate and House of Representatives".
Madam Director, these assigned tasks cannot be fulfilled if Health and Human Services is not forthcoming with information in a transparent and obliging matter. You personally promised me in our meeting on August 14th that requests for information would be accommodated. Ms. Felicity Meyers of your agency publicly promised me on August 28th that the information requested by committee members would be received within one week, and now over two weeks has passed and not one shred of information has been disseminated to the committee.
Furthermore, I am dismayed that I now can learn more about the Medicaid Transportation System and HHS's position on these issues by reading your comments in the Greenville newspaper than I can by attending to my official duties as a member of the Advisory Committee.
I request that the Department of Health and Human Services be forthcoming with pertinent information concerning these issues and that committee members and others not be forced to plead for information and that we not be burdened with unreasonable waits or restrictions simply to obtain information that is legally, and morally due to us.
The poor, elderly, ill and frail depend on this transportation system, and this information rightly belongs in the public domain as their care and well being is entrusted to us. As you know, I believe that HHS is not properly enforcing its contracts with the transportation brokerage companies. The lack of information from HHS only reaffirms my conclusion.
Perhaps the information requested will allow me to alter my understanding of the system.
Sincerely, Curtis M. Loftis, Jr.
--------------------- from Randy Lee:
This report does not reflect the questions asked by the members nor does it address the information that we requested. Having these meetings quarterly and not providing members with the information requested leads me to the conclusion that the agency has no interest in presenting the truth to the committee or the General Assembly. Why did the committee not get the opportunity to elect a chairman and why is our meeting schedule and agenda controlled by the agency? This issue is critical now and not two months from now. I will, if necessary, file my own report with the Governor and the General Assembly. I am very disappointed in HHS and will not stand back and let this issue be swept under the rug. If you file this report please note that my organization does not agree with it.
Randy Lee South Carolina Health Care Association
--------------------- from Dr. Keith Guest:
I will not be able to support the report you provided as submitted. I have not received any of the information I requested at the last meeting and the information provided in the form of a "Broker Report Card" is wholly inadequate for the committee to be able to meet its mandate. I am requesting that we meet again soon to resolve these and other issues surrounding the general structure of the committee. No report should be submitted at this time.
Keith A. Guest, MD South Carolina Medical Association
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