ProviderNews

inside? W H A T ’ S

An informational newsletter compiled by thePennsylvania Community Providers Associationfor the MH, MR, and D&A communities

J U N E2

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3 Director’s Viewpoint

6 MR Report

7 Legislative News

9 Committee Reports

10 HIPAA Headlines

11 Bureaucracy Briefs

12 National News

14 Resources

15 Children’s Corner

17 Conferences/Trainings

18 Calendar

newsP C P A N E W membersWelcome to the newest memberof the PCPA family.

Business Member

This End Up Furniture Co., Inc.Fabio RubertoNational Sales ManagerEvans City, PA

www.thisendupcontract.com

Over 350 providers, staff, con-sumers/persons in recovery,

and families gathered at the Capitolon Tuesday, May 13, for the 2003PCPA Lobby Day. Following an earlymorning breakfast briefing hostedby PCPA, the provider contact per-sons headed to the Capitol to meetup with their groups. Legislativevisits occurred throughout the day,with both House and Senate, Demo-crat and Republican hearing fromcommunity providers. The messagewas clear: the budget cuts to thesevital human services areas mustbe restored!

Later in the day, PCPA hosteda press conference, emceed byGeorge J. Kimes, Executive Director.A number of legislators gathered

in the Rotunda of the Capitol,with Rep. Dennis O’Brien (R-Phila-delphia), Rep. Katie True (R-Lan-caster), Rep. Linda Bebko-Jones(D-Erie), Rep. Leanna Washington(D-Philadelphia), and Sen. Allen G.Kukovich (D-Westmoreland) partici-pating as speakers.

Rep. O’Brien, Chair of the HouseJudiciary Committee, opened thepress conference by stating theneed to “...restore [these cuts] im-mediately so providers don’t go outof business!”

The crowd was encouraged by Rep.True, recently re-elected to theHouse of Representatives after pre-viously serving for eight years,

2003 PCPA Lobby Day a Huge Success!

Continued on page 2

J U N E 2 0 0 32 P E N N S Y L V A N I A C O M M U N I T Y P R O V I D E R S A S S O C I A T I O N

Executive DirectorGeorge J. Kimes

Director EmeritusRaymond R. Webb, Jr., LSW

Senior Policy SpecialistLynn Cooper

Policy SpecialistsLynn Keltz

Rebecca May ColeStan Mrozowski, PhD

Director of Legislative AffairsMelissa DiSanto Simmons

Technical & Conference ServicesCoordinator

Kris Ericson, MPsSc

Membership & Marketing CoordinatorJoe Ostrander

Administrative AssistantCindy Lloyd

SecretariesJane GossAbbie Hitz

Lyndsey Wanich

This newsletter is written by thePennsylvania Community ProvidersAssociation (PCPA) for the mentalhealth, mental retardation, andaddictive disease communities. Thisinformational newsletter is pub-lished monthly. Deadline for publi-cation is the third Friday of everymonth.

Additional copies of Provider Newsmay be received at an annual rateof $75. For information contact:

Pennsylvania CommunityProviders Association

2400 Park DriveHarrisburg, PA 17110

717-657-7078—Phone717-657-3552—FAX

www.paproviders.orgmail@paproviders.org

ProviderNews©2003

news cont.P C P A

when she said, “[Legislative] mem-bers are bi-partisan, [this funding]is not political at all. I appreciateyou coming out to support [this]—we’re gonna do it!”

Rep. Bebko-Jones, Minority Chair ofthe House Subcommittee on Drugsand Alcohol, addressed her remarksprimarily to Governor Rendell, whohas recently brought into questionthe effectiveness of treatment.“My remarks are focused to Mr.Governor, because all of us hereknow what we’re talking about...we need to educate the governoron what we’re about.” Earlier thatmorning, Governor Rendell hadaddressed the dedication of theK. Leroy Irvis Office Building, atwhich he talked about the need forPennsylvanians to work togetherand listen to each other.

“Governor Rendell,” said Rep.Bebko-Jones, “today is the day weall want you to listen. Both theErie District Attorney and myself

Adjustments Made to Board MeetingSchedulePCPA made a decision to alter the schedule for board andcommittee meetings during the 2003 calendar year and mov-ing forward. Different than previous years, the Associationwishes to remind members that the next meeting dates are June 17 and 18.All meetings are scheduled to be held at the Pennsylvania Medical Societyin Harrisburg. Directions and meeting agendas are available atwww.paproviders.org.

The remainder of the meeting schedule for 2003 is as follows:

June 17 and 18September 16 and 17November 18 and 19

2003 PCPA LOBBY DAYContinued from page 1

Changethe Date

have been very public about ourrecovery. Governor, if treatmentdidn’t work, I wouldn’t behere...trying to get you to fundthis program.”

Rep. Washington, Chair of the Leg-islative Black Caucus, hearkenedback to her work prior to being anelected official. “Before I became alegislator,” she said, “I did a D&Aprogram for Philadelphia. We heardthe governor say only 20% ofpeople who get treatment recover— I know that’s not true, youknow that’s not true.”

“We’ve reached this point becauseof policies that have been arounda long time...when times are good,human services get crumbs; whentimes are bad, human services getcut,” said Sen. Kukovich. He con-tinued, “[Legislators would] sup-port a fair tax system if some ofthat money can go to restore thesecuts...[which are an] investment inthe infrastructure of people, fami-lies, and communities.” His finaladvice to the crowd: “[Go] tellyour story.”

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& viewpointD I R E C T O R ’ S

They are working! Your efforts are paying off.Legislators are more aware of the potentialhorrendous impacts of the budget cuts. Themessage of restoration is getting through. Butdon’t let up. Decision-makers must continueto hear about effects of the budget cuts intheir community. Continue to tell your story.We must work to achieve restoration and wemust work to go beyond restoration to securefunding to continue the growth and improve-ment of the system of care. Although much ofour message has focused on drug and alcohol(D&A) services and has been well received,the effects of the devastating cuts to themental health (MH) system and failure tomeet commitments to the mental retardation(MR) service system have not received asmuch attention. As you continue your efforts,remember to tell the MH and MR storiesas well.

What a month it has been — and thereremains much to be done. Thanks to all of youhave who have taken advantage of opportuni-ties to come to the Capitol and to speak toyour legislators. It was truly a joyous sight tosee the steps of the Rotunda filled with PCPArepresentatives at our recent Lobby Day.Others of you joined us at rallies sponsored bythe MH/MR Coalition. Thank you again. Yourvisits helped. A special thanks also to ourlegislative supporters who participated in allour events.

CallsKeep those calls and letters coming!!!And visits too.

LettersPCPA staff, along with Morgan Plant our con-tract lobbyist, has also worked to carry themessage forward. Our efforts are made easierwhen we know legislators have heard frompeople in their districts. Your active supportmakes our jobs easier and increases the im-pact of the message. Please keep us informedof your legislative work.

Key meetings with administration officialshave hopefully conveyed both the effective-ness of addiction treatment and the costs ofthe failure to provide care. We appreciate thewillingness of the governor’s Chief of StaffJohn Esty and Deputy Chief of Staff DaveMeyers to listen to our presentation of thefacts. Dr. Michael Flaherty of the Institute forResearch, Education, and Training on Addic-tions (IRETA) was particularly helpful inbringing objectivity and science to the discus-sion and in presenting “the facts.”

Keep up your efforts. Use your local media.Many of you have been very successful in get-ting information to your local newspapers.Contact us if we can help. Now, more thanever, you must work together to educate andinfluence your legislators.

George J. Kimes, Executive Directorgeorge@paproviders.org

This article reflects my opinion, not necessarilythat of the Association.

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news cont.P C P A

MH/MR Coalition and Arc of PARally Together

On May 12 PCPA participated in the MH/MR Coalition and Arc

of PA’s rally in the main Rotunda of the State Capitol. Repre-

sentative Bunt and Senator Kukovich provided legislative leader-

ship on the issues of funding cuts and the continued need for both

adequate funding for recruitment and retention for quality services

and elimination of the MR Waiting List. Nancy Murray and Sheila

Stasko spoke about the daily needs of children and adults and their

families for quality supports and services. Rick Wynn, Executive

Director, Dauphin County Human Services, outlined the needs of

people who will lose services if funding cuts are not restored by the

legislature. The ARC of Chester County’s Pat Chesko, also a member

of the Arc of PA’s Board of Directors, moderated the rally and press

conference. Media coverage was provided by the Pennsylvania Cable

Network (PCN) and Harrisburg area radio stations.

New BoardMembers Elected

Following the 2003 PCPAAnnual Meeting elections

for Regional Representativeswere held. In the NortheastRegion the initial voteresulted in a tie vote betweenDan McGrory, PottsvilleBehavioral Counseling Group,ReDCo Group and David Doty,Friendship House. In a run-off election, Mr. McGrory waselected by a narrow margin.Both candidates had servedpreviously, with McGrory serv-ing as regional representativeand Doty having filled a num-ber of positions, includingserving a term as presidentof the Association.

In other regions, directorscurrently serving on the boardwere reelected. Included wereDon Stiffler, Adams-HanoverCounseling Services, Central;Karen Graff, Penndel MentalHealth Center, Southeast; andStephen Christian-Michaels,Family Services of Western PA,Western.

In the Central Region,Marianne DiMatteo, FamilyCare for Children and Youth,became a newly elected Direc-tor serving her first term. TheWestern Region is in the pro-cess of filling a vacancy cre-ated by the election of ChrisGarrett as secretary of theboard. Watch for ballots andplease vote!

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news cont.P C P A

Surveys Confirm Budget’s Negative Impact

Many PCPA members have already responded to recent surveys developedby the MH/MR Coalition and by the Association relating to the current

budget crisis. The MH/MR Coalition seeks to determine the number of staffemployed by community providers across the state, including the number oflayoffs that may occur were this budget problem not resolved. The PCPA sur-vey looks at the impact of the proposed budget cuts on mental health (MH),mental retardation (MR) and drug and alcohol (D&A) services and the subse-quent impact these cuts will have on services, consumers, the community,and agency staff. PCPA is in the preliminary stages of analyzing the dataand initial results show a high percentage of MH and D&A funding and, ulti-mately, services being cut drastically. Members who have not yet completedthe surveys are encouraged to do so. Contact Rebecca May Cole (rebecca@paproviders.org) at the Association for more information on how to accessthe surveys or log on to the Members Only section of the web site atwww.paproviders.org.

D&A Coalition Meets With OMHSAS and BDAP

PCPA has been working with statewide organizations in an effort to getthe drug and alcohol (D&A) funds restored. The coalition, consisting of

organizations representing persons in recovery, families, counties, and pro-viders, has met with Joan Erney, Deputy Secretary, Office of Mental Healthand Substance Abuse Services (OMHSAS) and Gene Boyle, Bureau of Drug andAlcohol Programs (BDAP) on two occasions. The top priority was maintainingservices in this time of fiscal uncertainty. The administration remains hope-ful that a solution will be found to these matters and, in particular, theGeneral Assistance and Medically Needy Only issues. The administration isalso anxious to learn of pending program closures and urges providers toinform PCPA of any such closures. The Coalition to Restore Funding willbe meeting with OMHSAS and BDAP biweekly to address these issues. Atremendous amount of work is being done across the state to get fundingrestored and the message is being heard by the legislature and the adminis-tration. For more information contact Lynn Cooper (lynn@paproviders.org)at PCPA.

Earn a Rebateon PCPA Dues!

You can save money onyour PCPA dues! Through

PCPA’s agreement with ATXCommunications — a tele-communications companyproviding local, long dis-tance, and other services —PCPA members are eligibleto receive a dues rebate. Asrenewal notices are received,take advantage of the DuesRebate Program to lower thecost of PCPA membership.In the current fiscal climate,PCPA membership is evenmore important. By consider-ing the services offered byATX, members may not onlysave money on monthly tele-communications bills, butmay also receive a duesrebate by signing a one-yearminimum agreement. Theagreement with ATX willprovide cost savings to PCPAmembers and it will alsoassist PCPA in continuingto provide the informationand advocacy that membersvalue. Current ATX customersshould contact PCPA to verifyrecords and for informationon how to participate in thisprogram as well. For moreinformation on the DuesRebate Program or any ofPCPA’s other endorsed pro-grams, contact

Rebecca May Colerebecca@paproviders.org

Board Completes Strategic Plan

The PCPA Board of Directors, committee chairs, and PCPA staff worked overtwo days to chart the course for the Association for the next two years.

At the retreat, facilitated by former Board President David Doty, PhD, thestrategic plan was revisited and redefined. While still being refined furtherby the Executive Committee, the goals for next year fall in four strategicareas: membership, advocacy, funding, and technology. Final retreat out-comes will be presented at the June Board meeting.

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Casey Appointed to OMR

Kevin Casey was appointed Deputy Secretary of the Office of MentalRetardation (OMR). Casey served as Executive Director of Pennsylva-

nia Protection and Advocacy, the federally required protection and advo-cacy system in Pennsylvania, for the past 15 years. In this capacity heparticipated in a wide variety of planning, systems change, and advocacyactivities. Casey has also served as a manager of large community servicesystems. For eight years he was the Executive Director of the EasternNebraska Community Office of Retardation (ENCOR), an agency that pro-vided all community services for people with mental retardation in theeastern third of Nebraska. Prior to that, Casey worked in an Illinois statehospital as a direct service staff member and supervisor. He was also thedirector of a local ARC. Casey is committed to the development of a ser-vice system based on self-determination and high quality services. PCPAcongratulates Mr. Casey on his new position and looks forward to collabo-rative efforts that further strengthen and enhance the MR system ofservices and supports.

OMR PAC Continues Under Casey

Kevin Casey participated in his first Office of Mental Retardation (OMR)Planning Advisory Committee (PAC) as Deputy Secretary, rather than

advocate on May 20. Casey stated unequivocally that he views the PAC asan effective planning process that should continue and that is in accordwith the US Supreme Court’s Olmstead decision. The secretary of theDepartment of Public Welfare’s emphasis for OMR is on ending the WaitingList and dealing with recruitment and retention, two areas that shouldcontinue to be addressed by the PAC.

Other points made by Casey include:

● Financial resources will probably be limited for the next two fiscalyears.

● The MR system will serve as many people as possible and serve themin a high quality system.

● Nominations for additional family and consumer PAC members shouldbe sent to Connie Meeker at OMR.

● It is critical for individuals using the MR system to have choice,integration, and individual budgeting.

● The planning process must include looking at how services are deliv-ered: can they be provided at lower cost and/or lower levels of inten-sity; if faced with running a system long-term with a low-wage workforce, how can we manage employees in ways that help them providequality services?

Casey will have an opportunity to discuss these and other issues with PCPAmembers at the MR Committee meeting on June 17 (Please see the MRCommittee report later in this newsletter).

ITQ Cancellation ChangesSSD for Providers

The Invitation to Qualify (ITQ) wouldhave developed a process for provid-

ers to qualify to provide services andsupports in any Pennsylvania county.The Services and Supports Directory(SSD), which is currently available foruse by counties, support coordinators,consumers, and families, gave qualifiedproviders a place to list the countieswhere they were willing to provideservices but did not yet have contracts.It was intended as a tool to informconsumers and families of additionalchoices available in their communities.Cancellation of ITQ implementation bythe Office of Mental Retardation (OMR)requires continuation of contractingpractices for qualifying providers thatare specified in the waivers and theSupplemental Grant Agreement. Coun-ties thus retain the responsibility ofdetermining whether a provider is quali-fied to provide services. OMR has re-minded counties that they must meetcontractual requirements specified inthe Consolidated and Person/FamilyDirected Support (P/FDS) Waivers andmust provide “choice of qualified pro-viders in the system for all consumers.”Providers may list in the SSD only thoseservices that each county has deter-mined they are qualified to provide andmust make changes if they listed ser-vices in counties where they do nothave contracts. If a family or consumersomehow learns about a provider ofP/FDS services in another county, theycan approach that provider to ask forservices in a new county. A contractcould then be made between the newcounty and the provider, pending“qualification” by the new county. Pro-viders should note that they will beasked to enter services in the SSD forthe consolidated waiver after July 1.

M E N T A L R E T A R D A T I O N report

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L E G I S L A T I V E

For additional information on legislative issues, contact the PA CommunityProviders Association office at 717-657-7078 or melissa@paproviders.org.For copies of bills, call your local legislator, the House Document Room717-787-5320 or visit the General Assembly’s Electronic Bill Room atwww.legis.state.pa.us.

news

Further D&A Issues Addressed With RendellAdministration

PCPA staff and Dr. Michael Flaherty, Executive Director of the Institute onResearch, Education, and Training in Addictions (IRETA) met recently with

the governor’s senior staff: John Estey, Chief of Staff; Dave Myers, Deputy Chief ofStaff; and Mike Nardone, Executive Deputy reporting to Department of Public Wel-fare Secretary Estelle Richman. The group was also joined by the University of Penn-sylvania, who also provides addictions research for the World Health Organization.

The primary topic of conversation was the drug and alcohol budget crisis, as well aspromoting and detailing the efficacy of treatment. Estey, Myers, and Nardone werewell-prepared for the meeting and had been briefed by previous materials and meet-ings from PCPA. Dr. Flaherty provided extensive research packets from IRETA andmany of the senior advisors’ questions were addressed.

Budget Meetings Continue

PCPA has been meeting with many in legislative leadership to shore up supportfor restoration of drug and alcohol and mental health funding. By all accounts,

these topics are high on the list of priorities for legislators — whether House orSenate, Democrat or Republican members. Legislators and staffers have shared onnumerous occasions that providers are “applying pressure” for cuts to be restored.As well, many have commented that PCPA’s Lobby Day was quite informative andthat the combination of providers/staff with consumers/persons in recovery wasexcellent.

Meetings were held by PCPA staff with Rep. George Kenney, Chair of the HouseHealth and Human Services Committee; Sen. Bob Thompson, Chair of the SenateAppropriations Committee; Rep. Linda Bebko-Jones, Minority Chair of the HouseSubcommittee on Drugs and Alcohol; Sen. David “Chip” Brightbill, Senate MajorityLeader; Vince Rossi, Senior Budget Analyst for Sen. Vince Fumo, Minority Chair ofthe Senate Appropriations Committee; and Sen. Jeff Piccola, Senate Majority Whip.As well, member visits on PCPA’s Lobby Day covered the following: Rep. DavidArgall, Chair of the House Appropriations Committee; Rep. Dwight Evans, MinorityChair of the House Appropriations Committee; Sen. Hal Mowery, Chair of the SenatePublic Health and Welfare Committee; and Sen. Vincent Hughes, Minority Chair ofthe Senate Public Health and Welfare Committee.

“We are not

interested in

the possibilities

of defeat.”

— Queen Victoria

Continued on page 8

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L E G I S L A T I V E news cont.

PCP PAC Announces Contribution Levels

New categories for Political Action Committee (PAC) contribu-tors were unveiled at the 2003 PCPA Board Retreat. The

categories are as follows:

One Dollar Wonder — this category requires a minimum contri-bution of $1; contributions from $1–$9.99 can ONLY be made viacash or personal check. This is a perfect category to encouragefront-line staff to participate as an inaugural member and be-come part of the PAC.

Capitol 10 — this category represents the signature,ongoing campaign of the PCP PAC and requires aminimum contribution of $10. Contributions can bemade by cash, check, or credit card.

Executive Club — this category requires a minimum contribu-tion of $100. Contributions can be made by check or credit cardand can be billed quarterly.

Chairman’s Roundtable — this category requires a minimumcontribution of $250. Contributions can be made by check orcredit card and can be billed quarterly.

President’s Circle — this category requires a minimum contribu-tion of $500. Plaque recognition is made to each contributor.Contributions can be made by check or credit card and can bebilled quarterly.

Beginning next month, Provider News will publish quarterly the namesof PAC contributors (unless contributors have requested to not belisted). The PCP PAC continues to build thanks to generous contri-butions from members and interested parties. Strengthening thePCP PAC is vital to PCPA’sgovernmental efforts. Formore information on how toparticipate in the cam-paign, visit the PCPA website or contact MelissaDiSanto Simmons, Directorof Legislative Affairs, atmelissa@paproviders.org.

With You the BattleCan Be Won!

During the PCPA Lobby Day onMay 13 it was clear that the

D&A message of restoration has beenheard by legislators. It remains cru-cially important, however, to con-tinue to talk about the impact ofbudget cuts on mental health ser-vices as well. It is becoming moreevident that cuts to one system havea direct impact on other systems, ascounties and providers try to con-tinue to deliver much needed ser-vices. Therefore, members must con-tinue to talk with legislators aboutthese cuts and the impact they arehaving on communities.

PCPA continues to work to restorethe funding cuts and has been veryactive in talking with legislators andthe administration about what needsto be done. But this battle can’t bewon without members! Contact leg-islators and encourage consumersand family members to share theirstories with legislators in their homedistricts. Remember, voters count toour elected public officials: makeyour voice heard!

Information will continue to be pro-vided by PCPA as it is available. Thestate budget will be in full-force ne-gotiations during the month of June.For current information, access thespecial budget area in the LegislativeAffairs section of the web site atwww.paproviders.org on a regularbasis. Stay tuned to PCPA for up-to-the-minute information, analysis andnext steps.

BUDGET MEETINGS CONTINUEContinued from page 7

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Human ServicesCoalition Reactivatedfor Advocacy

The Human Services Coalitionwas recently reactivated due to

the need for concentrated, col-laborative advocacy on humanservices budget issues. Invited byTerry Roth, disability advocate, abroad cross section of human ser-vices advocates, providers, countygovernment representatives, andothers met to craft a message forpolicy makers. That message wasdeveloped into a statement —Completing a Plan for Pennsylva-nia. The statement is intended foruse in advocacy efforts to restorefunding cuts. It has been sent tothe Pennsylvania legislature andcan be shared locally with repre-sentatives, senators, and countycommissioners. Organizationsthat have not yet signed ontothe statement may do so bycontacting Lynn Keltz, lynnk@paproviders.org. It will be sent outagain as new signatures are ob-tained. The statement is availableat www.paproviders.org or can beobtained from Lynn Keltz.

C O M M I T T E E reportsThe Children’s Steering Committee met on May 16. The committee decidedto contact state officials and academic resources to learn more about re-search, prevention, and community building related to children’s behavioralhealth. The committee also indicated an interest in learning about whatplans the state might have regarding requirements for assessment scales.A number of issues were discussed related to the budget crisis, the expectedestablishment of the Cabinet and the Commission for Children and Families,and the recently announced Autism Task Force.

The Steering Committee identified several action steps for PCPA:

● Creating a PCPA position statement on children’s behavioral healthservices,

● Involvement in the Autism Task Force,

● Representation on the Commission for Children and Families,

● Continue the work of the search conference, and

● Build relationships with parents and advocates.

The Steering Committee engaged in a discussion of the mission, job descrip-tion, and membership of the group. A draft was prepared for presentation tothe PCPA Executive Committee.

● ● ●

During the May conference call of the Membership Committee the followingupdates were provided:

● First round of renewal letters were mailed on May 15 — a series ofrenewal reminders will follow. Deadline for renewals is July 31.

● Information on the ATX Dues Rebate Program will be included in each ofthe renewal reminders. This program may assist members in paying theirPCPA membership dues.

● The member involvement system was explained and reviewed. Memberswho may be “at risk” were identified.

● Staff will focus on the most at risk members for personal contact.

● Four organizations have committed to full membership for the 2003–04year. Five businesses have indicated interest in membership.

● Nonmember exhibitors and registrants to the Annual Conference will betargeted for membership recruitment.

● ● ●

The MR Committee meeting scheduled for June 17 at 12:30 p.m. will fea-ture Deputy Secretary Kevin Casey, Office of Mental Retardation. Mr. Caseyis on the agenda for 1:00 p.m. Please plan to attend for an informal presen-tation and an opportunity to share thoughts about the future of the MRsystem. On May 30 the MR Committee Planning Work Group met at PCPA todiscuss options and recommendations for the MR system of services andreports. The initial work will be shared at the committee meeting.

L E G I S L A T I V E news cont.

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FERPA and HIPAA Interactions Examined

The Family Educational Rights and Privacy Act (FERPA) is a federal lawthat protects the privacy rights of students whose records are maintained

by federally funded agencies or persons acting for these agencies. Theserights for students and parents of students under 18 years of age includeeducational records, which are not “protected health information” (PHI)as defined by the Healthcare Insurance Portability and Accountability Act(HIPAA). It was not congressional intent to amend or preempt FERPA whenHIPAA was enacted. For example, the HIPAA privacy regulation does notapply when a school nurse or other recognized professional treats studentsin a primary or secondary school receiving federal funds. Any records used,maintained, or otherwise associated with these services are preemptivelysubject to FERPA as an educational record. These records include those made,maintained, or used while providing treatment to students. These records arenot available to anyone except a physician or other appropriate professionalreviewing each record as designated by a student. Any “use or disclosure”of these educational records is afforded FERPA protection.

A second example clarifies the interaction of these two federal laws intypical clinical and educational settings. A community healthcare providerreceives Medicaid funding while serving a client population through avariety of programs, some provided to individuals while they are students.Those services provided in a school setting are subject to FERPA regulationand are not afforded HIPAA protection. Other healthcare services aresubject to HIPAA regulation so long as the covered entity transmits PHIelectronically as part of a covered transaction.

From experience, those subject to FERPA are familiar with its provisions.With the recent advent of HIPAA, drawing an appropriate distinctionbetween the regulations has been a challenge. Hopefully, this article hasclarified the nexus of these laws. Questions can be directed to Ivan Barrick,PhD, CHE, CPHIMS, Director of Healthcare Operations Improvement, ParenteRandolph (570-820-0129).

New Tool Assists in Writing Privacy Notices

A new HIPAA tool has been developed that will assist covered entities towrite Privacy Notices in language that does not require a high literacy

level. This tool was developed by the Health Resources and Services Admin-istration in conjunction with the Office of Civil Rights and is available atwww.hrsa.gov/language.htm.

H I P A A headlines

CMS ProvidesHIPAA Information

In a provider notice on May 8Veritus Medicare Services

published a Provider EducationArticle on the Health InsurancePortability and AccountabilityAct (HIPAA) at the request ofthe Centers for Medicare andMedicaid Services (CMS). Thetext of the article includes basicinformation on HIPAA, deadlinesfor compliance, and a statementindicating that Medicare will nolonger accept paper claims effec-tive October 16 (some excep-tions were noted). The mostbeneficial part of the article isin the form of contact informa-tion indicating where providersmay turn to for help. This infor-mation includes CMS’ HIPAAweb site, hotlines, and emailaddresses. This Provider Educa-tion Article is available on theVeritus web site at

www.veritusmedicare.com/provider/bulletins/general/2003/mpr03052.shtml.

For more information, contactRebecca May Cole(rebecca@ paproviders.org)at the Association.

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Recruitment and Retention Funds RemainIn Budget

It has been difficult to determine whether the specified mental health andmental retardation recruitment and retention (R&R) funds of previous

years survived in Fiscal Years 2002–03 and 2003–04. This money does nothave its own line in the governor’s budget, which is the primary source uti-lized for analysis of cuts and increases. Counties have interpreted the budgetin various ways. Some have continued ongoing recruitment and retentionefforts, while others have said that there is no longer any money for recruit-ment and retention. The Schweiker administration did not clarify the issuebefore leaving office.

PCPA recently learned from Joan Erney, Deputy Secretary of the Office ofMental Health and Substance Abuse Services, that the recruitment andretention money is in the county allocations as a categorical. It will alsobe in the allocations next year (FY 2003–04) as a categorical. This meansit must be used for R&R. The Office of Mental Retardation similarlyclarified that R&R continued as a specific allocation to counties throughFY 2002–03. In the next fiscal year it is anticipated that in January 2004the allocation will no longer be R&R specific. It is expected to become partof base funding and also be used for waiver maintenance, but should still bedirected to recruitment and retention. Please call or email Rebecca May Cole(rebecca@paproviders.org) or Lynn Keltz (lynnk@paproviders.org) if furtherinformation is needed.

DPW Delays CRC Implementation

The Office of Social Programs announced that Secretary Estelle Richman,Department of Public Welfare (DPW), is delaying the implementation of

the Community Resource Centers (CRCs) scheduled to be operational July 1.The CRCs were to be a change in the way attendant care services are admin-istered, with an attempt at avoiding “conflict of interest.” A DPW newsletterpublished in March described the CRC as being a more consumer-friendlyservice system for people with physical disabilities. The delay is intendedto give the secretary more opportunity to review the program design andto determine necessary changes that will ensure resolution of the issues andconcerns raised by external stakeholders.

The entities selected to be CRCs are Allied Services, Northeast Region; Jew-ish Employment and Vocational Service, Southeast Region; United Disabili-ties Services, South Central Region; Lycoming/Clinton Joinder Board, NorthCentral Region, and Three Rivers Center for Independent Living, Northwestand Southwest Regions. Staff training has already begun and other stepshave been taken to meet the planned start up date.

OMHSAS, BDAP Applyfor MISA Grant

The Commonwealth of Penn-sylvania is applying for the

Substance Abuse and MentalHealth Services Administration(SAMHSA) grant to enhance thestate’s infrastructure and treat-ment service systems to providequality, evidence-based, and inte-grated care for persons with co-occurring substance abuse andmental health disorders and theirfamilies.

The governor’s office, at therequest of the Office of MentalHealth and Substance AbuseServices (OMHSAS) and in coop-eration with the Bureau of Drugand Alcohol Programs (BDAP), isapplying for this grant offering$6.5 million in incentive grantsto states that want to developand enhance their infrastructureto improve treatment for personswith co-occurring substance abuseand mental health disorders. Formore information on this grant,please contact Lynn Cooper(lynn@paproviders.org) at theAssociation.

briefsB U R E A U C R A C Y

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briefs cont.B U R E A U C R A C Y

Speech to SpeechRelay Service Grows

People with speech disabilities

in the US have access to a free

telephone relay service 24-hours a

day through the TTY relay. Speech

to Speech (STS) provides communi-

cation assistants for people with

difficulty being understood by the

public on the telephone, including

those who use augmentive commu-

nication devices. People with con-

ditions such as Parkinson’s disease,

cerebral palsy, ALS, multiple sclero-

sis, muscular dystrophy, stutters, or

laryngectomies make about 6,000

calls each month. STS enables

people with speech disabilities to

communicate by dialing toll-free

to reach a trained “communication

assistant.” The assistant places the

telephone calls for the callers and

repeats their words exactly in a

three-way calling environment.

The Pennsylvania STS numbers

are:

800-229-5746 (English)

866-260-9470 (Spanish).

To try out STS, report problems,

or get more information, visit the

STS web site at www.stsnews.com.

newsN A T I O N A L

MICASSA Introduced in US Senate

US Senators Tom Harkin (D-IA) and Arlen Specter (R-PA) introducedthe Medicaid Community-Based Attendant Services and Supports

Act of 2003 (MICASSA) in May. The legislation would increase access tocommunity-based services and supports to Americans with disabilitiesand the elderly. MICASSA gives individuals who are currently eligible fornursing home services and institutional facilities for the mentally re-tarded equal access to community-based attendant services and sup-ports, and establishes a demonstration project to evaluate service coor-dination and cost-sharing approaches for those eligible for both Medic-aid and Medicare. Additionally, the legislation provides new funding tostates to help them reform their long-term care systems and increase theprovision of home and community-based services. “This legislation isneeded to truly bring people with disabilities into the mainstream ofsociety and provide equal opportunity for employment and communityactivities,” said Harkin.

Wyoming’s R&R Funding Reaps Results

In 2001, the Wyoming state legislature directed the Department ofHealth to study the wages and salaries of direct support professionals

in a variety of programs for people with cognitive disabilities and thosewith mental illness, as well as in nursing and assistive living facilities.That study and its recommendations resulted in provision by the legisla-ture of $7.6 million in biennial state general funds and nearly twicethat in federal matching funds to improve wages for direct care workerswho assist people with developmental disabilities. A $7.50 per hourminimum wage was established for new staff, with an $8 per hour mini-mum for staff with at least 12 months of experience. The rest of thefunds helped to support improved wages and benefits for current staffand develop better career ladders for direct care personnel. A follow-upreport published in 2002 found that average overall compensation forfull-time direct care workers improved by over 50 percent. Turnover de-creased by nearly one-third in just a few months. This second reportstrongly recommends continued funding for recruitment and retention(R&R) and anticipates that turnover will continue to decline. The reportcan be read at http://ddd.state.wy.us/Documents/JAC1102.htm.

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SSA Requests Input

The Social Security Administration (SSA) is considering updates andrevisions to the rules used to evaluate immune system disorders in adults

and children who apply for or receive Social Security Disability benefits orSupplemental Security Income payments based on disability. Feedback isrequested. Details are available in the Federal Register, May 9, 2003, (68 FR24896) as an “Advance Notice of Proposed Rulemaking (ANPRM).” The rules arein the Listing of Impairments and in certain other regulations described in theANPRM. The ANPRM is available at Social Security Online — www.ssa.gov/regulations. SSA staff contacts are Paul J. Scott (Paul.J.Scott@ssa.gov) orPeggy Talley (Peggy.Talley@ssa.gov).

California Study Says Drug Courts Save Money

California’s specialized drug courts have saved the state millions of dollarsby cutting prison and jail time and reducing recidivism, according to a

pair of studies presented to the Judicial Council of California. The JudicialCouncil’s Advisory Committee on Collaborative Justice presented two studiesthat found drug courts saved ~ $200,000 a year for each of the 100 partici-pants in the study. The second study, conducted by the California Depart-ment of Alcohol and Drug Programs and the Administrative Office of theCourts, concluded that arrest rates declined 85% for 1,945 drug court gradu-ates in 17 counties, comparing the offenders’ arrest records two years beforeand two years after they completed the drug court program. Conviction ratesfor the same offenders dropped 77% and incarceration rates declined 83%.The results also showed 96% of the babies born to program participants weredrug-free at birth.

New Freedom Commission Report OutlineAvailable

The outline of the final report from the President’s New Freedom Commis-sion on Mental Health is now available. The New Freedom Initiative,

announced on February 1, 2001, includes the Commission on Mental Healthwhose mission is to study the US mental health delivery system, includingboth public and private providers. More information on the commission isavailable on the web site at www.mentalhealthcommission.gov. The full textof the outline is also available on the PCPA web site at www.paproviders.org.For more information, contact Rebecca May Cole at the Association.

Quality MeasuresUsed for HomeHealth Agencies

Health and Human Services(HHS) Secretary Tommy G.

Thompson released new, compara-tive quality data about homehealth agencies in eight statesthat is designed to help consumersand their families choose thebest home health agency for theirneeds. Eleven quality measures arepresented. HHS plans to expandthe home health project nationallylater this year, saying it willfurther improve the quality ofcare provided by the nearly 7,000Medicare-certified home healthagencies nationwide. The data,along with other informationabout individual home health agen-cies, is available at Medicare’s con-sumer web site, www.medicare.gov,and through Medicare’s help line,800-MEDICARE (800-633-4227).

Senate PassesFiscal Relief Bill

The US Senate Finance Com-mittee voted to include in

their tax cut bill a $20 billionemergency funding authorizationto assist states with the currentfiscal crisis. Ten of the $20 billionwere targeted for an increase tothe federal Medicaid match. Thesignificance of this vote will putpressure on the Senate ConferenceCommittee members to keep thisamendment in the conferencenegotiations on the overall taxbill. For more information, contactRebecca May Cole (rebecca@paproviders.org) at the Association.

news cont.N A T I O N A L

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Federal Report Issued on Long-TermCare Workers

US Health and Human Services Secretary Tommy G. Thompsonand Department of Labor Secretary Elaine Chao released a

report showing that by 2050 the nation will need three times asmany long-term care workers as are employed now to meet theneeds of the aging “baby boom” generation. About 5.7–6.5 millionlong-term care workers comprising nurses, nurse aids, and homehealth and personal care workers will be needed to meet thenation’s needs in 2050, up from about 1.9 million such workersemployed in 2000. The report outlines a series of actions to bolsterthe long-term care workforce and promote quality care and servicesin the future. Although discussion of wages and benefits ismentioned, there is no commitment to an influx of funds to addressthe problem. It can be read at http://aspe.hhs.gov/daltcp/reports/ltcwork.htm.

Older Americans Need Home-Community-Based Services

A recent national survey by the American Association of RetiredPersons (AARP) of Americans age 50 and over with disabilities

found that people want to remain independent and to continue liv-ing in their own communities. Home- and community-based servicesare needed, but often not available. The survey found that 51% ofthis population live independently, while 49% receive regular helpwith a daily activity such as cooking, bathing, or shopping. Also,53% reported they were unable to do something they needed orwanted to do due to a lack of supports. The report also found thatpeople want more direct control over what long-term supportservices they receive and when they receive them; that inadequatehealth insurance is a major problem, causing 33% of those surveyedto postpone needed health care; and that many need supportservices and equipment in their homes and communities. AARP’srecommendations include more consumer direction and servicesin programs such as Medicaid, more home modifications, a reorien-tation of public financing for long-term supportive services thatgives more options for home- and community-based care, and betterphysical accessibility in communities. The report can be read athttp://research.aarp.org/general/beyond_50.html.

State Wage Pass-Through: An Analysis,written by the ParaProfessional HealthCare Institute, found that wage pass-through to direct service professionalshas not generally been effective inaddressing recruitment and retentionissues. It is available atwww.directcareclearinghouse.org/download/WorkforceStrategies1.pdf.

A brief titled Supplemental SecurityIncome (Part 1 of 3): A Bridge to Work(March 2003) (Parent Brief) givesparents of youth with disabilities —and providers — practical informationabout how youth can use Social Securitywork incentives to facilitate a gradualtransition from dependence on Supple-mental Security Income (SSI) to partialor complete financial independence. Workincentives allow a recipient of SSI to earnwages while maintaining SSI cash benefitsand Medicaid. Background information,definitions, and specific financial criteriafor using SSI work incentives are includedat www.ncset.org/publications/viewdesc.asp?id=937.

Quality Education in the General Educa-tion Classroom for Students With Signifi-cant Disabilities is a series of conferencecalls appropriate for anyone working toprovide quality education for studentswith significant disabilities in generaleducation classrooms. The teleconferencespeakers are recognized leaders in thisarea. For information on session topics,dates, and times, access the TASH website, www.tash.org/tc03ed.

A web site created by parents workingon the IDEA reauthorization,www.ourchildrenleftbehind.com, supportsparent and family IDEA reauthorizationactivities. They invite ideas and feedback.

resourcesA V A I L A B L E news cont.N A T I O N A L

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Autism Task Force Established

A task force has been established to study and make recommendations onserving persons with autism spectrum disorders in Pennsylvania. Secretary

of Public Welfare Estelle Richmann has asked David Mandell, Nancy Minschew,and Nina Cote to lead the task force. PCPA has forwarded names for member-ship and has been positioned to provide input to the task force. Membershiphas been recruited from throughout the state and from the diverse perspec-tives on the issue. Numerous subcommittees have been established to workon topics such as children’s issues, adult issues, research, financing, and per-sonnel training. Autism is fast becoming a major challenge for education andhuman services. For example, a recent report from California shows that thenumber of persons diagnosed with autism spectrum disorders doubled from1998 to 2002. One goal of the Pennsylvania task force is to have a financingplan developed before the end of 2003. PCPA will continue to provide updateson this important development.

Child Abuse Report Released

Secretary of Public Welfare Estelle Richman recently released the annualreport on child abuse statistics that shows an increase in both reported

and confirmed cases of child abuse in Pennsylvania in 2002.

“Despite our tough state laws, child abuse is a problem that plagues cities,towns, and neighborhoods across the Commonwealth, affecting kids of all agesand families from all backgrounds,” Secretary Richman said. “To break thecycle of abuse, the Department of Public Welfare will work to support new ini-tiatives and legislation such as the recently enacted Newborn Protection Act.We also will continue our efforts to educate the public, encourage reporting,and reach out to families in crisis.”

There were 5,057 substantiated cases of child abuse in Pennsylvania in 2002,up 273 cases from 2001. The figure is down 3,362 from the highest level ofcases substantiated in 1992. The report shows there were 49 abuse-relatedchild deaths last year, two more than in 2001.

In 2002, ChildLine received 24,408 reports of suspected child abuse, a sixpercent increase from 2001. ChildLine figures indicate that nearly eight outof every 1,000 Pennsylvania children were affected by child abuse last year.The report also demonstrates the importance of “mandated reporters” to theprevention of child abuse. These individuals initiated more than 74% of allsubstantiated referrals of suspected child abuse cases, which has been aconsistent trend for the past 11 years. Mandated reporters — people whohave occupations that bring them into contact with children — are requiredby law to report suspected cases of child abuse to ChildLine. To obtain a copyof the report, contact the Office of Children, Youth and Families, at717-783-1964.

cornerC H I L D R E N ’ S

Difficult to see.

Always in motion

is the future.

— Yoda, 800 year old Jedi Master

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Strengthening the Human Service Workforce

The Annie E. Casey Foundation, together with the Brookings Institution’sCenter for Public Service, has released reports that build a case for

strengthening all sectors of the human services workforce. The Casey Founda-tion report looks at workers in child welfare, youth services, childcare, juvenilejustice, income support programs, and employment and training programs. Thetotal number of human services workers is conservatively estimated at threemillion persons.

The report documents what social service professionals have long known —workers are underpaid, overworked, and frustrated. They often receive poorsupervision, have insufficient education to match the demands of the job, andhave limited opportunities for professional growth and advancement. Accord-ing to the report, “These widespread problems not only undermine theeffectiveness of system reform efforts, they reveal inefficient use of our publicresources and present very real risks to the welfare of already vulnerablefamilies and children.”

The Brookings survey lays out two possible futures. “One involves a slow butsteady erosion of talent due to inaction and continued under-investment, evendisinvestment in the industry’s human capital. ...The other future involves arecommitment to the work force and to the children, youth and families itserves.” Recommitment would require making “long-overdue” investments inrecruiting and retaining high quality workers.

A copy of the Casey report, The Unsolved Challenge of System Reform:Condition of the Frontline Human Services Workforce, is available online atwww.aecf.org/initiatives/hswi. A copy of the Brookings survey is availableonline at www.brook.edu/gs/cps/light20032603.htm.

cornerC H I L D R E N ’ S

The American PsychiatricAssociation (APA) has unveiled

its vision on how to turn aroundwhat it calls the country’s “crum-bling mental health system.” Itsreport, A Vision for the MentalHealth System, was prepared by ablue-ribbon task force of psychia-trists from the public and privatesystems. APA President Paul S.Applebaum, MD, said that thereport “lays out a set of principlesto rebuild and reform our mentalhealth system and provide a sys-tem of care for our most vulner-able citizens.” Applebaum alsoindicated that steep cuts in men-tal health services, particularly instate Medicaid programs, are lead-ing to a “wholesale collapse of ourmental health system.” The reportcites examples to support theargument that the system is besetby fragmentation and disintegra-tion of care.

For children and adolescents andtheir families, the report notesthat access to services should befacilitated through school-basedand primary care settings; andimproved coordination needs tooccur among mental health, sub-stance abuse, education, socialservices, and juvenile justice agen-cies at the state, federal, and locallevels. The report is available atwww.psych.org/news_stand/visionreport040303.pdf.

A Vision for theMental Health System

PBS to Air “Alcohol: What You Don’t Know”

During the week of June 21–28, PBS television’s national weekly pro-gram for teens, In the Mix, takes a hard look at drinking. Reporters

show how being drunk affects behavior and driving skills. The show alsointroduces teens that are recovering alcoholics and a young man who paida high price for drinking and driving — he was left partially brain dam-aged from an accident. The program explores a high school program whereupperclassmen hold workshops on drinking for younger students and whathappens at police sobriety checkpoints. PBS also has a web site for“tweens” (9–13-year-olds) called It’s My Life at www.pbskids.org/itsmylifewith information on drug abuse.

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trainingsC O N F E R E N C E S /

June 3. Greater Philadelphia Symposium on Childhood Hunger. Arch Street Friends MeetingHouse. Philadelphia, PA. Contact Jan Barnett, Greater Philadelphia Food Bank, at 215-739-7394 or jbarnett@gpfb.org for more information.

June 4. Delivering Effective Mental Health Services for Persons Who Are Deaf, Hard ofHearing, Late Deafened or Deaf-Blind: Evaluation, Planning and Treatment. Sheraton FourPoints. Harrisburg, PA. For information contact Joann Roesner, Drexel University Collegeof Medicine, at 215-842-4381.

June 4–7. National Council on Independent Living Conference — The Revolution ofEmpowerment: Lead On! Lead On! Washington, DC. For registration information emailjen@nataliepshear.com.

June 10–13. Strengthen Our Voice: Walk the Talk — 15th Annual Statewide ConsumerConference. Hilton Harrisburg & Towers. Harrisburg, PA. Contact the Pennsylvania MentalHealth Consumers’ Association at 800-887-6422 or access www.pmhca.org.

June 12–14. Arc of PA Annual Convention. Foglesville/Allentown Area, PA. For detailsaccess www.thearcpa.org or call 717-234-2621.

June 22–23. Brain Injury Association of PA, Inc. Third Annual Conference — OvercomingChallenges After Brain Injury: Creating and Celebrating Achievement. Marriott. Harrisburg,PA. Contact Christine Yancisn at 717-657-7608 or cyancisin@parf.org for more information.

June 23–26. Case Management: Relationships, Resiliency and Recovery. 12th Annual CaseManagement Conference. For more information contact Behavioral Healthcare Education-Drexel University at 215-842-4342.

June 25–27. 2003 PA Transition Conference — Creating Communities of Practice: SharedVisions for the Successful Transition of Students with Disabilities. Holiday Inn Harrisburg-Hershey. Grantville, PA. Announcements to be published at PaTTAN web site,www.pattan.k12.pa.us.

July 16–20. The 2003 ASA National Conference on Autism: Bridges to the Future! WestinConvention Center Hotel. Pittsburgh, PA. For more information access www.autism-society.org.

September 16–19. The 4th International Respite Conference — A Universal Break: Respitefor Caregivers. Orlando, FL. For information access www.archrespite.org.

September 24–25. Crisis Intervention Across the Life Span. Penn Stater Conference Center.State College, PA. For information contact 412-605-1224.

October 7–10. Discovering Treasures. PCPA Annual Conference. Seven Springs Mountain Resort.Champion, PA. For more information access www.paproviders.org or contactkris@paproviders.org.

October 17–19. Women With Disabilities & Allies Forum: Linking Arms for Equality & Justicefor All. Hyatt Regency Hotel. Bethesda, MD. More information at www.aapd-dc.org andwww.nowfoundation.org.

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ca

lenda

r Wednesday, June 4HIPAA Task ForceConference Call

Friday, June 6Western Region MeetingGateway Rehabilitation Center, Aliquippa

Thursday, June 12NE Region Meeting“Influencing Public Policy”Children’s Service Center, Wilkes-Barre

Tuesday, June 17PA Medical Society

9:30 –11:45 Children’s D&A Subcommittee9:30 –12:00 Mental Health Committee

11:30 –12:30 Government Relations Committee11:30 – 2:00 Executive Committee12:30 – 3:30 Mental Retardation Committee1:00 – 4:00 Drug & Alcohol Committee

1:00 – 4:00 Children’s Committee

Wednesday, June 18PA Medical Society

9:30 –11:00 Membership Committee11:00 – 3:30 Board Meeting

Tuesday, June 241:00 – 3:00 Forensic Subcommittee

PCPA

Wednesday, July 1610:00 – 3:00 Executive Committee

PCPA

Tuesday, July 221:00 – 3:00 Forensic Subcommittee

PCPA

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