Minutes Not Final Until Approved By LGAC
Local
Government Advisory Committee
Minutes-July 12, 2002
Room 473, Human Services Building, Salem
Contents:
Attending
Cindy Becker, DHS Chief Administrative Office, Administrative
Services
Lennie Bjornsen, DHS Assistant Director, Continuous System Improvement
Larry Cole, League of Oregon Cities
Susan Columbus, DHS Administrative Services
Joe Corsiglia, Columbia County Board of Commissioners
Vic Falgout, Douglas County Juvenile Department
Irene Fischer-Davidson, Clackamas County Human Services
Ramona Foley, DHS Assistant Director, Children, Adults and Families
David Foster , Oregon Housing and Community Services
Robert Furlow, Douglas County Health and Human Services
Sharon Guidera, Association of Mental Health Program Directors
John Hartner, Oregon Association of Community Corrections
Cathy Iles, DHS Continuous System Improvement
Chris Johnson, Yamhill County Health and Human Services
Margy Johnson, DHS Deputy Assistant Director, Health Services
Lisa Joyce, DHS Legislative and Intergovernmental Relations
Manager, Directors Office
Sue Kupillas, Jackson County Board of Commissioners
Michael Lamon, DHS Contracts and Procurement, Administrative
Services
Lydia Lissman DHS Assistant Director, Seniors and People
with Disabilities
Bobby Mink, DHS Director
Linda Modrell, Benton County Board of Commissioners
Gillian Nicolaides, Douglas County Commission on Children and Families
Ann Peltier, Conference of Local Health Officials
Doug Wilson, DHS Assistant Director, Finance and Policy Analysis
Minutes: Dena Comer, DHSDirectors Office Administration
and Staff to LGAC
Introductions/Approval of Minutes
Meeting called to order by Sue Kupillas, and roundtable introductions
were made. Minutes of the June 14 meeting were approved, with a minor
change to the wording on page three, paragraph eight.
Elections/Membership
Handout #1: LGAC Membership Representation
Lisa Joyce clarified the LGAC Bylaws pertaining to office term lengths,
and suggested that the Member Representation document (handout #1) be
reviewed and ratified by the group. Additionally, Joyce explained that
while the terms of office are for a period of two years, members are
not obligated to serve this length of time.
Kupillas added that county commissioners met and agreed that she and
Jean Cowan would remain as co-chairs, yet the remaining members should
endorse this decision, as others may wish to run for the office. If
elected, Kupillas and Cowan have committed to serving through December
of 2003.
- Moved, seconded, passed: A motion to continue with Kupillas
and Cowan as co-chairs.
Budget Update
Handout #2: Comparison of Special Session 3 Selective Program
Reductions
Handout #3: DHS All Clusters
Doug Wilson distributed the first of his budget documents, (handout
#2), and reviewed each of the reduction items. He explained the unspecified
cuts, equal to approximately $6.3 million for DHS, resulting from the
Legislatures decision to not fund more than 75 percent of state
employee salary increases. DHS will have to pay for those increases,
and the Department of Administrative Services (DAS) has not yet identified
the resulting reductions.
Bobby Mink added that a budget note directed the unspecified reductions
to be made, but not disproportionately. The note also directs DHS to
not provide management with a yearly salary increase. Whether or not
the Governor decides to follow this budget note remains to be seen.
Wilson continued his review by explaining that, of the approximate
200 positions the Department has been given, designations include food
stamp and health plan eligibility, Temporary Assistance to Needy Families
(TANF) program management, and
Bio-terrorism response positions. Clarification on which of these positions
DHS will be allowed to hire should be available within the next two
weeks.
Wilson reported that the Governor said this week that he isnt
satisfied with what the Legislature has done. The Governor also discussed
four potential vetoes, which would create a large hole (approximately
$400 million) in the legislatively adopted plan. The Legislature can
override the vetoes, however.
Mink suggested that, as discussion continues surrounding DHS budget
packages, the group remember that the Legislature for 2003-05 is facing
at least a $1.4 billion hole. In addition to preparing its budget packages,
DHS must also complete its reduction options, which by law must be 10
percent. While not yet confirmed, DAS may ask the Department to meet
30 percent, which equates to approximately $1.5 billion.
Mink explained that the DHS budget packages (handout #3) have satisfied
state and federal mandates, and addressed the back-fills of reductions
needing to be restored. The packages then reflect those addressed by
local partners, as discussed in previous meetings. Mink added that his
most important goal is to lay the groundwork of need, and to spread
the message that LGAC and DHS are supporting each other, and working
together.
Group discussion included local flexibility surrounding funding streams,
and concern for how the Legislature will deal with the $1.4 billion
hole. Kupillas commented that it is the responsibility of local government
to examine the reductions being made, and their affect on local communities,
and to ensure public understanding that the Legislature has made the
decisions, not the local government.
Further discussion included the challenges of managing by reductions,
with clarification from Mink and Wilson surrounding the budget process.
DHS current service level will be approximately $2 billion in
the next legislative session, with 30 percent reductions equaling approximately
$950 million. Mink commented that conversation is needed, however difficult,
surrounding priorities of programs.
Wilson explained that the DHS package document (handout #3) is a work
in progress, and subject to change. It sets the stage, in the event
of a tax increase or other circumstance, for establishing the funding
needs of the Department. As DHS continues to work with DAS, some reprioritization
may occur.
Sharon Guidera inquired about when planning funds will be released,
and Wilson replied that he would contact DAS for an answer.
A brief question-and answer session between the group and Wilson included
concerns about the result of the reductions on protective services as
a whole. Robert Furlow requested that DHS investigate funding for these
services with a global perspective. He asked that the Department remember
the impact on local governments when it addresses packages to satisfy
state and federal mandates. Of additional concern to Furlow is the effort
DHS has put into strengthening its computer and accountability infrastructure,
including performance measures, while the services being tracked may
be reduced. Kupillas commented that these partnership issues are ongoing
as the reorganization continues and the budget issues are approached.
Mink explained that the budget package document will be sent to DAS
in the next week for a preliminary review. He added that the budget
notes provide an indication of the Legislatures scrutiny surrounding
filling positions, or anything they determine will involve discretionary
funding. He asked the group to maintain a heightened awareness of the
accountability that DHS will have, and the impacts it will have on its
local partners. Mink will be visiting each of the Departments
Service Delivery Areas (SDAs) and their advisory committees, to collect
feedback on the reorganization and the 2003-05 budget development process.
If there are any opportunities to speak to advocacy groups throughout
the SDAs, please let Bobby know so they can be scheduled into the visit
plan.
In wrapping up this discussion, Kupillas suggested that the group speak
to the gubernatorial candidates about their budget concerns.
- Action: Following the meeting, Wilson will contact DAS and
inquire as to when planning funds will be released, and provide their
answer to Guidera.
Managing in this budget climate
Mink referred to the recent special session, and commented that reductions
could have been much worse for the human services continuum. He explained
that DHS is not alone in taking reductions, and asked the group to consider
the greater whole of state agencies and the impact on their budgets.
With respect to the states hiring freeze, Mink explained that
his recommendation to the Governor is to make it rolling, rather than
long-term, to avoid appearing as though we dont need the staff.
Additionally, Mink reported that the Public Retirement System (PERS)
would be modifying mortality rates to reflect todays increased
lifespan as compared to the 1970s, when tables were last updated.
How these rate adjustments will affect those staff eligible for retirement
is yet to be seen, as some may choose to retire before rate changes
go into effect.
Kupillas reported that Ben Boswell would be following up with DAS regarding
their commitment to work with local governments as the budget packages
are developed.
Linda Modrell suggested that a clear graphic document would be helpful
to illustrate the impact on local governments, particularly when addressing
advocacy groups. Joyce replied that while DHS does not have a document
specific to this, DHS would provide what it has. Additionally, there
are available resources such as the Social Support Investment Work Group
(SSWiG) pie chart, which might be utilized.
- Action: Joyce will provide the group with the fall JLCIMT
dates when they become available.
- Action: Modrell agreed to work with Joyce to develop a graphic
document, which illustrates the impact of the reductions on local
communities.
HIPAA and the DHS 2100
Handout #4: HIPAA Meeting Information 2002: Oregon DHS Presentations
Handout #5: DHS Confidentiality and the Authorization for
Release of Information
Handout #6: Draft DHS Confidentiality Policy
Handout #7: Authorization to Release Medical Information
Handout #8: Authorization for Release of Non-Medical Information
Cindy Becker reported on her meeting with Community Mental Health Directors
in June, where they suggested accompanying DHS to the September Emergency
Board
(E-Board). DHS invites this participation, and will be going to the
Joint Legislative Committee on Information Management Technology (JLCIMT)
in the fall. Joyce agreed to provide the dates when they are available.
Guidera suggested that, along with presenting other impacts to the
JLCIMT, it would be helpful to present the Health Insurance Portability
and Accountability Act (HIPAA) costs as both state and local. Becker
responded that these costs are federally mandated.
Discussion ensued surrounding the HIPAA costs, and included comments
that they are the cost of doing business with DHS, regardless of the
federal mandates. Concerns were expressed regarding local governments
needing assistance to implement HIPAA requirements, particularly if
DHS will be monitoring their compliance.
Becker explained that DHS is not setting the mandates, and that local
governments may define their own responses. DHS is attempting to share
the information it has, without directly telling local governments what
to do. These are unfunded mandates facing everyone, and DHS will give
the local governments anything it develops, including forms and training.
Becker reminded the group that the training would be geared to DHS
implementation requirements, not to local government, and to keep this
in mind when participating.
Becker continued with the explanation that DHS will not be monitoring
local government compliance, but rather the federal government will
do this. DHS is concerned about the liability it has in working with
contractors and other entities that are not complying with HIPAA.
Other concerns included how DHS will be setting up its data systems
to implement HIPAA, and how local governments will then be effected,
and that local partners are government entities who are doing work for
DHS. Additionally, Becker was asked whether or not DHS has determined
its minimum requirements, or a model, for compliance. Becker responded
that DHS is struggling with this, along with everyone else.
Becker distributed a DHS HIPAA meeting information document (handout
#4), and reported that over the past few months the Department has been
traveling throughout the state, and collecting feedback on the privacy
(2100) form. DHS goal has been to not have a 2100 process and
a HIPAA privacy process, but rather to merge them together, addressing
the entire issue of confidentiality and privacy. Becker further explained
that there isnt going to be a statewide privacy policy; each agency
will act on their own. A draft DHS Confidentiality and the Authorization
for Release form (handout #5) was distributed.
Discussion continued with concerns over the lack of a privacy policy
for local governments, and the liabilities involved. Kupillas suggested
that this issue be discussed at a later date.
Susan Columbus distributed three additional documents (handouts #6,
#7, & #8), and provided a brief overview of each. She explained
that these are all draft documents, and advised the group that if others
want to use the forms, legal counsel should review them.
Kupillas advised the group that, if they have comments or questions,
please contact either Becker or Columbus.
Performance Measures
Handout #9: DHS Vision, Mission, and Goals
Handout #10: DHS Quarterly Results, May 15, 2002
- Tying measures to budgets and contracting
Lennie Bjornsen and Cathy Iles provided a brief update on the Departments
progress on performance measures, reminded the group of DHS Vision
and Goals (handout #9) and distributed the latest DHS Quarterly Report
(Handout #10).
There was concern that, as local government tracks its own data, it
uses the same benchmark and database for determining the issues. Iles
responded that DHS is working toward coordinating this, including more
analysis in each report. Bjornsen and Iles offered to provide a complete
framework of the performance measurements, including a key for each
letter used in handout #9. The framework would also include what key
measures DHS is proposing to DAS through its budget document. Iles is
the lead person for the Quarterly Reports, and can be contacted if there
are any questions.
Bjornsen reported that he is also working with SDA managers to understand
management information data points, which could be generated electronically
and on a monthly basis.
County Contracts
- Performance-Based Contracts
Michael Lamon explained that both the County Contracts Task Force and
the Performance-Based Contracts Committee are beginning to create tangible
results. The last meeting of the Task Force took place on June 14, where
a draft standard county contracts/intergovernmental agreement was distributed
by the Department of Justices (DOJ) Business Transaction group.
Lamon added that a county concern at the meeting surrounded an indemnity
clause, which addresses DHS ability to recover what a funding
source would consider as inappropriate use. Lamon will collect comments
on an appropriate remedy to this, as well as comments on the draft agreement,
by July 15. The next Task Force meeting will be on July 30.
Lamon continued by explaining that the Performance-Based Contracts
Committee is actually a subgroup of the Task Force, and last met on
June 11. At the meeting the group decided to use a "logic model"
to assist in identifying performance measures and separating output
from outcomes.
Group concerns included the Staley settlement requirements and accommodations
for what the counties are required to do, the contracts for which seem
prescriptive and not outcome-focused, and a request that DHS intervene.
Additionally, there is a time issue, considering that the service was
approved by the Legislature in June, 2001, and is actually arriving
in July of 2002.
Becker concurred with the validity of the question surrounding the
time issue, and explained the use of a contract as a more expeditious
method than the amendment and exemption process with DOJ. Joyce agreed
to find out why the contract was developed on a fast track.
Furlow commented on the need for language in the contracts, which speaks
to the lack of funding for the outcomes. Kupillas concurred, and suggested
that this discussion be continued later.
- Action: Joyce agreed to find out why the contract was developed
on a fast track.
Other Items
Handout #11: April - June Newspaper Clippings, of Interest
to LGAC
No discussion of these handouts occurred. Copies of these documents
were distributed to group members as informational only.
Future Agenda Items
Actual agenda is dependent upon a LGAC Executive Committee meeting.
Next Meeting
Date: August 9, 2002
Time: 9:00AM - Noon
Location: HSB 473
If you would like copies of the handouts, contact:
Dena Comer
DHS Directors Office, 4th Floor
500 Summer Street NE, E-15
Salem, OR 97301-1097
Telephone: (503) 945-6843
e-mail: dena.comer@state.or.us
Approved minutes are available on the LGAC web page: http://www.hr.state.or.us/lgac
Americans with Disabilities Act Notice: Do you have a physical
or mental impairment that makes it hard for you to communicate? If so,
you can get this document in Braille, computer disk, large print or
oral presentation by contacting Jessica Ferge, Department of Human Services,
Directors Office, (503) 945-6609, TTY (503) 947-5330.
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