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For Immediate Release:
Contact Tim Rogers 919-848-3450 (office) 919-961-3555 cell
 
February 19, 2010

Today, the Honorable Donald W. Overby, Administrative Law Judge with the North Carolina Office of Administrative Hearings, entered an Order enjoining the Department of Health and Human Services from recalculating hours of services for Medicaid recipients of Personal Care Services using a new mathematical formula specifically designed by the Department to drastically cut in-home service hours with no individual assessment.  If the injunction sought by the Association for Home & Hospice Care of North Carolina (“AHHC”) had not been entered, the Department intended to send out nearly 37,000 letters to the elderly, disabled, and chronically ill that receive these in-home services cutting average hours by over 40%. 
 
Judge Overby heard three days of testimony on the injunction motion, including the testimony of nurses, family members, and caregivers, who told the judge that these drastic cuts would cause tremendous harm to the individuals who depend on these services and that many would be forced into hospital emergency rooms and more expensive institutional care.
 
AHHC filed this lawsuit because the Department was ignoring the medical needs of recipients and not following the law.  In his Order, Judge Overby expressed great concern about testimony by the Medicaid Director Dr. Craigan Gray that his agency is bound to follow the law only if it has the money!  As the Order states: “The state surely cannot and would not tolerate such a position by its corporate and individual citizens.”  It is AHHC’s position that Medicaid must follow the law in all cases and not continue perpetuating untruths about the numbers of people ineligible for the services. 
 
“We could not be more delighted with the court’s decision in ruling on behalf of 37,000 PCS patients” said Tim Rogers, CEO of the Association for Home and Hospice Care. “The court stated emphatically medical necessity is the key to who should receive care – and that has been our point all along. In the decision, Judge Overby commented that the faces and plights of individual PCS recipients and their medical needs could not be ignored.
 
“There has been a lot of political rhetoric from DHHS Secretary Lanier Cansler and Medicaid officials claiming they were not cutting care to any patient who needed it. In fact, they are cutting care to needy, qualified  patients not based on medical need but a math formula without a physical examination of a single patient by the State.
 
It’s just common sense a bureaucrat sitting at a computer in Raleigh can’t tell if an eighty year grandmother who is legally blind, diabetic, and an amputee say, in Manteo, is sick and needs home care services. “The injunction halts Secretary Cansler’s plan. On behalf of the patients cared for by North Carolina’s home care industry, we are grateful for this decision and look forward to the full hearing on April 26. Today, the voices of North Carolina’s elderly, disabled, and chronically ill citizens were heard.”
 
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12

Tim Rogers – the Director at the Association of Hospice and Home Care – has taken his life in his hands and tackled Craigan L. Gray, MD, MBA, JD and Director of the Division of Medical Assistance at Department of Health and Human Services head on.  

Rogers wrote Doctor Gray to explain how Gray’s letter to elderly Medicaid patients (see blog below) about losing their home care has caused a lot of upheaval – and urged Dr. Gray to send another letter to clear the air. Gray’s answer was, ‘Thank you for your input. Let’s talk about it sometime’ – which sounds kind of like a polite sandbag, but, whatever it is, hardly solves the problem.

It turns out Doctor, Lawyer, MBA Gray made a couple of other mistakes in his letter. First, he wrote every Medicaid patient in the state they had to undergo an ‘independent assessment’ to see if they should continue to receive home care. But, in fact, the new ‘independent assessments’ only apply to patients applying to receive home care for the first time – not patients whose doctors have already placed them in care and who’ve been receiving it with DHHS approval for years.

Gray also wrote the elderly patients and told them not to talk about the care they need to home care providers. That looks like he misunderstood another new provision of the law. More to the point: Not talking to the person providing your care creates a pretty obvious practical problem.

Doctor Gray’s one of the most powerful men in state government – except for Secretary Lanier Cansler he has more say in who gets care than anyone. He controls millions of dollars in state contracts and spends hundreds of millions of taxpayers’ money.

Right now he’s struggling with the mess the legislature left him with the budget, trying to figure out how to cut care to patients who’re legally eligible – and need – care.

His letter may be a first step in that direction – and a misguided step. There was no need to send elderly patients letters that intimidated – at least part of – them. And, beyond that, folks in America sort of like to practice freedom of speech and, generally, more good comes of it than harm. 

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12

Craigan Gray, the head of the Division of Medical Assistance at the Department of Health and Human Services, is a well educated man. He signs his official letters Craigan L. Gray – MD, MBA, JD, Director. He’s a doctor, an MBA, and an attorney. That makes you kind of wonder why (with a medical degree and a law degree) he’s working in state government – even if he is making more than the Governor. It must also be tough for his boss Lanier Cansler, who’s only a CPA, when it comes time for the two of them to sit down and argue health care policy.  

But there’s also always a possibility someone with Dr. Gray’s education might lose the common touch.

Imagine, for instance, an eighty year old woman living on $160 a week, whose health is failing. She gets forgetful now and then, and can’t take care of her everyday needs like cooking, bathing and walking on her own – but that’s okay because she’s got home care from Medicaid to help her get by.

Then one morning she receives an official letter – that sounds a lot like it came from the IRS –telling her she’s about to be evaluated to determine if her home care ought to be eliminated and she ought not to discuss it with the people who care for her. It’d scare the willies out of her – right?

Craigan L. Gray signed and sent that letter to every eighty year old lady on Medicaid home care in North Carolina.

It’s fine that Craigan L. Gray is so well educated but somewhere along the way he missed (or forgot) what nurses and aides learn and relearn everyday – that a lot of medical care involves a virtue they don’t give a degree for – TLC. 

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10

The gray-suited factotums and Grand Vizier’s over at the DHHS headquarters on the old Dorothea Dix Campus have come up with a new mantra: ‘We’re going to give patients what they need, not what they want.’  

That sounds reasonable until you get past the ‘spin.’

Let’s say for simplicity’s sake there are two kinds of people who work in health care: The nurses and doctors and nurses aides who sit by beds and care for patients, and the administrators who sit in offices and manage health care programs for DHHS.

CCME is an example. CCME is a private company. DHHS pays it to manage North Carolina’s Home Care program. There are a lot of other private companies – like CCME – who manage health care programs for the state and when it comes to getting state contracts they’re wired into the Department of Health and Human Services like the military-industrial complex is wired into the Pentagon.

CCME’s main work is reviewing providers’ record keeping, interviewing patients  then reporting back to DHHS.

CCME just renegotiated its contract with DHHS and received a 29% pay increase for its patient interviews.

At the same time DHHS just cut what it pays the people who provide home care to elderly patients 4.9% .Meaning the brunt of the cuts will be borne by home care aides who work by the patient’s bedside – instead of managers who don’t provide care to anyone.

If a CCME manager interviews just two patients in a day – and they will interview thousands of patients – those two interviews at $450 a piece will cost the state more in one day than what it costs the state to cover an entire month of services for the average patient.Now why is CCME’s fee going up from $350 to $450 for each patient ‘interview’ – while the folks providing care are being cut?

Well, DHHS Secretary Lanier Cansler’s former lobbying partner is a consultant with CCME. Maybe that’s just an accident. Or coincidence. But, either way, it doesn’t look good. And it certainly looks like an example of a health care management company snuggling up to the folks in DHHS who grant the contracts.

Whatever the reason, money’s tight at DHHS and when they spend more on managers – like CCME – it means spending less for care. So, CCME’s new contract cuts the ground out from under DHHS’s new mantra.

It’s not giving patients the care they need instead of what they want. 

Instead, what it’s really saying is, We’re going to give patients the care we want them to have – and if it’s not what they need they’ll just
have to adjust

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