PH Committee Hearing Transcript for 03/04/2019
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1 March 4, 2019 /ks PUBLIC HEALTH COMMITTEE 10:30 A.M. PUBLIC HEARING CHAIRPERSON: Representative Jonathan Steinberg SENATORS: Abrams, Anwar, Cohen, Lesser, Somers REPRESENTATIVES: Arnone, Betts, Candelora, Carpino, Comey, Cook, Demicco, Genga, Petit, Hennessy, Kennedy, Klarides-Ditria, McCarty, Michel, Scanlon, Young, Zupkus REP. STEINBERG (136TH): Reconvene the public hearing of the Public Health Committee. We’ll start with the formalities. I am State Representative Jonathan Steinberg, the House co-chair of the Public Health Committee. I’m here with my Senate co-chair, Senator Mary Abrams and why don’t we today, just because we can go around and introduce ourselves and maybe somebody new to introduce. Here’s a thought; Tom, why don’t you start off. REP. ARNONE (58TH): Tom Arnone from Enfield’s 58th. REP. MICHEL (146TH): David Michel from Stamford 146th. REP. COMEY (102ND): Robin Comey from Branford 102nd. REP. YOUNG (120TH): Phil Young from Stratford. SEN. ABRAMS (13TH): Senator Mary Daugherty-Abrams, District 13. 2 March 4, 2019 /ks PUBLIC HEALTH COMMITTEE 10:30 A.M. PUBLIC HEARING SEN. ANWAR (3RD): Doctor Senator Saud Anwar from the 3rd Senatorial District. REP. MCCARTY (38TH): Good morning, everyone, Kathleen McCarty from Waterford and a portion of Montville. It’s a pleasure to be here. REP. CANDELORA (86TH): Good morning, Vincent Candelora, 86th District. REP. STEINBERG (136TH): So we typically do not tolerate applause in this committee, but we’ll make an exception. In the rare instance when we have a new legislator who happened to have won a special election in the past weeks, welcome. We will now move forward. First of all let me say that we want to thank everybody for their patience and fortitude this morning in getting here. We will move forward with our hearing as we usually do, though I imagine there will be people arriving later than they would otherwise to register and we encourage them to if they intend to talk to these bills that they talk to our staff and make sure that they’re on the list. We start, as we do typically, during the first hour we focus on elected officials and first up is Commissioner Scheff of DDS. Welcome. JORDAN SCHEFF: Good morning. I’m always taken aback when testifying in this room because I feel so very far away from you all, but it’s good to see you all this morning. Senators Abrams and Somers, Representative Steinberg, Petit, and members of the Public Health Committee, my name is Jordan Scheff and I’m the commissioner of the Department of Developmental Services. Thank you for the opportunity to provide remarks on two of the bills on today’s agenda. The first bill, House Bill No. 3 March 4, 2019 /ks PUBLIC HEALTH COMMITTEE 10:30 A.M. PUBLIC HEARING 6365, AN ACT ALLOWING PERSONS WITH INTELLECTUAL DISABILLITY AND THEIR FAMILIES TO ACCESS THE REGISTRY OF DDS EMPLOYEES WHO WERE TERMINATED OR SEPARATED FROM EMPLOYMENT AS A RESULT OF ABUSE OR NEGLECT. I have a more comprehensive written testimony on both bills. I’ll just summarize for you on each of these bills as I go through them. This bill, as we understand it, seeks to expand access to the department’s registry of former employees who have been terminated or separated from employment as a result of substantiated abuse or neglect of a person with intellectual disability, to all persons with intellectual disability, their families or legal guardians. Current state law only permits access to the registry to either one; authorized agencies for the purpose of protective service determinations, two; employers who provide services to an individual who received funding or services from the department, three; DCFS, DMHAS, and DSS for the purposes of determining whether an applicant appears on the registry and four; charitable organizations that recruit volunteers to support programs for persons with intellectual disability. The Department of Developmental Services has an established record of protecting individuals with intellectual disability and individuals with autism spectrum disorder. When the DDS registry was established in 1997, DDS created a mechanism to ensure that former employees, both in public and private settings, who had been substantiated for either abuse or neglect of an individual with ID would not be able to find employment in another DDS funded agency or with DCF, DMHAS or DSS. While DDS 4 March 4, 2019 /ks PUBLIC HEALTH COMMITTEE 10:30 A.M. PUBLIC HEARING supports any effort to protect individuals with ID, the department has certain concerns with expanding access to the registry as outlined in the bill. While certain types of abuse and neglect may rise to the level of being criminal, DDS in substantiating abuse or neglect only determines that the former employee should be hired to work with persons with intellectual disability or another direct service employment with vulnerable populations. DDS Division of Investigations makes no determination as to whether the abuse or neglect that has been substantiated would lead the former employee to be charged or convicted of a crime. The categories of abuse or neglect that DDS substantiates for are particular to DDS. They do not correlate directly with any other agency standards or with specific criminal law. This means that abuse or neglect substantiated by the department may not meet the legal threshold associated with the person being charged or convicted of such actions under criminal law. To this end, it is also possible that a former employee listed on the registry may have been charged with a crime associated with the action that led to the termination, but the criminal proceeding and possible conviction has not yet concluded. By opening access to the registry to all persons with ID, their families or legal guardians would create, in effect, a public registry, not a persons who had been arrested or convicted of a crime, but of persons who had been terminated from employment and been placed on a registry through an administrative process. DDS does not have a mechanism or the staff in place to allow all 5 March 4, 2019 /ks PUBLIC HEALTH COMMITTEE 10:30 A.M. PUBLIC HEARING individuals with ID and their families to have this type of access. In addition, expanding access to the registry outside of executive branch agencies and private providers could create greater exposure to misuse or misinterpretation. Now, would like to do questions and answers at the conclusion of me testifying on both bills or as we’re going along? REP. STEINBERG (136TH): Why don’t you continue onto your second bill and then we’ll go from there. JORDAN SCHEFF: Thank you, Representative Steinberg. Second bill, House Bill No. 6527, AN ACT REQUIRING ADDITIONAL OVERSIGHT OVER GROUP HOMES BY THE DEPARTMENT OF DEVELOPMENTAL SERVICES; this bill would require DDS to have additional unspecified oversight of DDS operated or funded group homes. The department agrees that oversight of homes for individuals with ID is critically important and is the key to the department’s mission. DDS oversight not only protects the safety of individuals, it allows them to flourish in our communities. The department’s oversight also ensures that both federal and state dollars are spent wisely on appropriate services and support for these individuals. DDS currently has multiple levels of oversight for group homes and I have a full list in detail of all those in my written testimony, but for a private provider agency that wishes to develop a group home, the provider first must be qualified by our operations center. It’s an extensive process that determines the qualifications of the executive leadership, as well as staff would work at the agency. Once the provider is qualified, they’re required to obtain licenses for such group homes. 6 March 4, 2019 /ks PUBLIC HEALTH COMMITTEE 10:30 A.M. PUBLIC HEARING The initial licensing process for a group home and subsequent renewal include reviews based on the department’s community living arrangement regulations. They are extensive. In addition to licensing and its requirements, DDS’ quality and systems improvement division conducts quality service reviews separate from our licensing regulations. This QSR evaluates the quality of supports delivered by the licensed qualified and provider and assesses the individual satisfaction with services and supports. Other department oversight measure includes audits of qualified providers and finally, DDS qualified providers that operate licensed group homes must submit an annual report of residential and day services that break out the cost of each home and each type of service provided. These reports allow for our operations center to have an overview of each provider’s financial position and how the provider has spent state and federal funding. The department is committed to creating and maintaining a safe, healthy environment that allows individuals with ID the ability to flourish in our communities. Thank you again for the opportunity to testify on both of these bills. I’d be happy to answer any questions you may have at this time. REP. STEINBERG (136TH): Thank you, Commissioner, for your testimony. With regard to 6365, we’ve all heard stories of alleged abuse in this context and certainly registries are one potential solution, but they can be two-edged swords. Do you have a thought on how best for us to address this problem as we see it? 7 March 4, 2019 /ks PUBLIC HEALTH COMMITTEE 10:30 A.M. PUBLIC HEARING JORDAN SCHEFF: I don’t have a specific thought on how to address a broadening of how we’d make that information available to families for state and federally funded services as administered by us, so I don’t have another mechanism.