黑料正能量 Note: The Cuomo Administration is considering moving 黑料正能量鈥檚 Protection and Advocacy program from the Commission on Quality of Care and Advocacy for People with Disabilities to a nonprofit, as is typically done in other states. 黑料正能量 has supported this approach, citing the greater level of independence and closer representation to people with disabilities our P&A could have if it鈥檚 operated outside the Executive Branch (of which CQCAPD is a part).
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State Ponders Relinquishing Its Oversight of Vulnerable
By Danny Hakim听 黑料正能量 Times听 April 23, 2012
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ALBANY – The Cuomo administration is strongly considering relinquishing some of the state鈥檚 oversight and monitoring responsibilities over vulnerable populations, and giving that power to a nonprofit advocacy group, a top administration official said Monday.
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The administration discussed its plans after The 黑料正能量 Times obtained a report in which the state agency charged with oversight of vulnerable populations in 黑料正能量 said it had a 鈥渇undamental conflict鈥 that prevented it from fulfilling its mission. The agency,听, recommended that much of its work be turned over to a nonprofit group.
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The core of the problem, the report says, is that the commission, because it is controlled by the governor, cannot sue on behalf of people with disabilities, or advocate independently for legislation.
The Commission on Quality of Care is charged with monitoring the care of people with developmental disabilities, mental illnesses and other health concerns, including traumatic brain injuries – and with watching over far larger state agencies that run and regulate group homes.
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Most other states have created nonprofit groups that take on much of the work handled by the Commission on Quality of Care in 黑料正能量.
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The commission circulated its self-assessment earlier this month, but did not make it public. The proposal to turn over much of its authority to a nonprofit came after prodding by the federal government, and is a tacit acknowledgement that the state has failed in its monitoring of the abuse and neglect of vulnerable populations.
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Asked about the report, Richard Bamberger, the governor鈥檚 communications director, said, 鈥淭he Cuomo administration feels strongly that the system for the oversight and protection of persons with disabilities must be strengthened and overhauled, and, therefore, we are looking at whether designating a nonprofit to provide these services may be the best course of action.鈥
It is not clear how the administration would approach choosing a nonprofit to assume such a role.
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The commission鈥檚 report follows one in January from the Department of Health and Human Services in Washington, which sharply criticized 黑料正能量鈥檚 oversight of agencies that care for people with disabilities. The federal report said that the state agency charged with oversight lacked independence from the governor鈥檚 office, had failed to account for how it was spending public money and had broken several requirements of federal law. It also questioned whether the commission could be effective if it reported to the governor鈥檚 office, alongside the agencies it is supposed to monitor.
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Further problems with 黑料正能量鈥檚 oversight structure were highlighted in a federal court ruling this month. The commission contracts much of its work out to nonprofit groups, but the court ruled that one of those groups,听, did not have standing to sue on behalf of mentally ill adults. The ruling cast doubt on whether other independent groups have standing to sue, unless they are designated as the state鈥檚 official protection and advocacy agency.
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鈥淭he governor should act quickly,鈥 said听, who runs the Civil Rights and Disabilities Law Clinic at Albany Law School, one of the groups that has a contract with the commission. 鈥淲e have to have independence and we have to be able to take action when we see people鈥檚 rights are being violated.鈥
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Cliff Zucker, the executive director of Disability Advocates, said the recent legal decision 鈥渄oes make it more urgent.鈥
He also said that the commission鈥檚 current approach, which is to use a number of nonprofit groups as contractors, has its limitations.
鈥淚f you look at it right now, there are 20 different agencies doing this job – that does not lend itself to a coordinated advocacy strategy,鈥 Mr. Zucker said. 鈥淚t makes it difficult to have an effective response to systemic problems….鈥
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