CAFCA  BRIEF UPDATE

January 2004

REMINDER: CAFCA General Membership meeting is Friday, January 16^th.  Location: Lost and Found, 6700 W. 44^th Avenue, Wheat Ridge. Enter from the West entrance door. Note Time change: 9:30 a.m. Mendez Steadman will conduct training on How to Review a Bill and The Secrets of Successful Testimony. CTS meeting will follow at 10:30 a.m.

Employment Information
CAFCA is researching the worker’s compensation system in Colorado and the classification of provider employees by the underwriters. There is inconsistency in the categories used and rates applied among members even within the same class of child welfare providers, e.g., RTCs. We will share more with you as we get some answers.

HCPF UPDATE
In addition to working on the RTC waiver and possible RTC transfer to HCPF, CAFCA and its lobbyists have been dialoging with the HCPF Medical Services Board (MSB) members regarding the three Volume VIII rule packets submitted to the Board in the areas of program integrity, performance improvement and appeals. Fofi Mendez alerted CAFCA to these general Medicaid provider rules when the rules were posted just two days prior to the December MSB meeting. These proposed rules reduced 12 pages of program integrity rules to 3-1/8 pages and 6 pages of provider appeals rules to 3-1/8 pages, significantly circumscribing provider notice and due process rights.  One set eliminates the statutory distinction between false representation and innocent errors in the recovery process and allows the recovery rate to be based on “sound, scientific statistical analysis and extrapolation of data from a statistically valid selected sample of claims,” a method not authorized in statute.  As reported in the December Brief Update, Peg quickly researched the applicable statute and existing regulations and testified before the board, requesting that the rules be postponed to allow for provider input. Fofi Mendez had earlier contacted all members of the Medical Services Board and apprised them of our concerns. Our testimony was well received by the members of the Medical Services Board and they requested that the Department and CAFCA exchange side-by-side comparisons of the current and proposed rules. Peg developed a chart comparing federal regulatory requirements, state statutory requirements, current rules requirements, and proposed rules requirements and exchanged this with the Department. Fofi contacted the for-profit nursing homes, nonprofit nursing homes and pharmacists and shared our information and concerns.  Together we were able to launch a campaign and were successful in getting the rules pulled from the January 9^th board agenda.  A letter thanking the Board for its actions, signed by the executive directors of the provider associations, was sent to the board members.  We will be working together with HCPF to revise all three rules packets.  The date for proposing the RTC rules remains uncertain, but CAFCA will move forward with opposition to the general Medicaid audit and recovery rules. Affected providers may be asked to assist Peg with this process. 

Fofi Mendez arranged for she and Peg to meet with Joint Budget Committee (JBC) members and JBC Budget staff members in December.  We met with Rep. Brad Young, Sen. Ron Teck, Sen. Peggy Reeves, Alexis Senger, and Carolyn Kampman to discuss our position paper and concerns about the RTC waiver and any potential transfer of the RTC program to HCPF.  All JBC members and legislators received copies of our position paper and letter to the MSB members.  These actions led to a better understanding of the RTC issues and prompted the JBC to pose several important RTC questions to Karen Reinertson, Executive Director, in the HCPF budget hearing.  In response to several questions about a possible transfer of the RTC program to HCPF, Ms. Reinertson stated that no transfer would occur for at least a year, if at all.

CDHS Update
The Central Registry for Child Abuse officially died on January 1, 2004.  The new automated database system replaces the old registry.  Details of operation are still being worked out, but CAFCA members conducting background checks should proceed under the old process until further notice from CDHS. Appeals of confirmed findings will still be conducted by the state.

The Human Services Board adopted rules implementing the expedited voluntary relinquishment process, which was the result of a successful bill brought by the CAFCA Adoption Committee and ushered through the legislature by Mendez Steadman last session.  The revised rules incorporated several changes CAFCA requested.

Representatives from several CPAs will be working with Charissa Hammer of the Audit Division and Dana Andrews of the Licensing Division to work out our concerns regarding sections of the recently proposed, then pulled, rules to address the “misuse of funds” definition requirements in HB 03-1081, passed last session to remedy violations identified in the Foster Care Audit Report of 2002.

Reminder: Kathy Chase, the new RTC Administrator, is now on board at the Department of Human Services.  She can be reached at 303 866-4098. Welcome Kathy!

NEWS ABOUT WHITE PAPERS
CAFCA members are working on completing drafts of Adoption and RTC White Papers similar to the 2002 Foster Care White Paper. The RTC paper will include a section on facility schools. If you have been assigned to research and write a section of either paper, please deliver your work product to Peg electronically ASAP. Thanks!

COMMITTEE NEWS

Public Policy
The committee members are beginning to get their feet wet as the first bills have been introduced.  It will be a fast pace for the next 6-8 weeks for them.  Bills have already been forwarded to some CAFCA members for their review and comment.  The first of many Friday morning bill review meetings will be the 16^th at 8:00 a.m. at Mendez Steadman, 1370 Pennsylvania.  All interested members are welcome. Go to the north door and push the buzzer for Suite 400 to be admitted. The next meeting is Tuesday, February 3^rd at noon, 2^nd floor conference room at 1120 Lincoln St., the Chancery Building, Denver.

CTS
Two workgroups have formed to study the issues of excess costs and to develop rules to preserve positive aspects of the facility school environment.  Peg will take their suggestions and products to the Facility Schools Task Force.  The workgroups will address excess costs issues and rules regarding facility schools. Lisa Thoennes leads the Excess Costs workgroup, which met in December. Jann Clevenger leads the rules workgroup, which will be meeting this month. For more information, contact Lisa at: Lkthoennes@aol.com or Jann at Jann@excelsioryc.org.The January meeting is this Friday the 16^th at 10:30, see reminder above.  The next meeting if February 20^th at 10:30 a.m., location to be determined.

Adoption
The committee has obtained a sponsor for a bill to delete the pre-birth notice provision in the voluntary relinquishment statute.  This correction is the result of a May 2003 Colorado Court of Appeals opinion that prohibits filing a D & N or adoption petition prior to the birth of the subject child. The committee is developing a training on the expedited process for their March 11th meeting.  Several members of the committee and Peg are working with CDHS to review and possibly revise the training requirements for adoptive parents. Several committee members also attended a presentation by Sharen Ford on AdoptUSKids, a new federal campaign to encourage adoption of children whose parental rights have been terminated and who are in the child welfare system awaiting adoption. The next meeting is February 12th, 9:00 a.m., at Adoptions Options, 2600 S. Parker Rd., #2-320.

Foster Care
CAFCA members continue to host bimonthly provider-county luncheons to promote communication and cooperation. CPA representatives will also be working with CDHS staff to better define in rule “misuse of funds” and financial reporting requirements.The next committee meeting is Tuesday, February 24th, 10:30-11:30 a.m., immediately preceding the county-CAFCA workgroup lunch at 11:30. The location for both the meeting and the luncheon is Catholic Charities, 2525 W. Alameda, in Denver.

Membership/Communications
After pulling off one of the best annual meetings ever, the committee members took a brief rest.  Many thanks to the committee members for their hard work, creativity and excellent choices.  They have already begun planning next year’s annual meeting!  The next committee meeting is Thursday, February 19th, noon- 2:00 p.m. at CAFCA, 1120 Lincoln St., 2^nd floor conference room. 

Training
The Association’s Training Committee invites all who are interested in sharing their expertise by presenting at CAFCA’s June 11^th annual education conference to contact Mary Simons (720 570-8402) or Rene Johnson, Committee Chair (303 780-9191 x62).  The Call for Presenters Information is also available on the CAFCA website at www.cafca.net, go to Upcoming events. Sessions will be 90 minutes in length with an average of 25-35 attendees. Presentation style may be experiential, lecture, facilitated discussion or panel discussion.  The next meeting of the Training Committee will be February 26th, 10:30 – noon, at Daybreak Princeton, 3640 W. Princeton Circle, on the Ft. Logan campus.

OF INTEREST

FREE Training! PRUDENTIAL POSITIVE PARENTING: A Train the Trainer Seminar for Early Childhood Child Care Staff, hosted by Nicholson, Spencer & Associates.  Date: Saturday, January 31, 2004, 9:00 a.m. – 4:00 p.m., at the Tennyson Center for Children, 2950 Tennyson St., 3^rd floor conference room, Denver.  No cost, but must pre-register by January 16^th: 720 855-3517.

EMPOWER Colorado is a statewide nonprofit organization created by parents and families to provide support, education and advocacy for parents and their children with mental health issues.  They offer support groups (by geographic location), online e-mail listserv, education classes, workshops and resources to help families.  Their website contains numerous, wonderful links to information and resources and has recently bee updated and expanded.  Please visit: www.empowercolorado.com.

CWLA is offering a series of teleconferences.  Fee per program is $145 for members, $195 for nonmembers. Those registering for all four conferences will receive a 10% discount. All are scheduled for 2:00 p.m. eastern time. Topics and dates are:

Register online: http://www.cwla.org/conferences/2004teleconference-coc.htm.  Registration questions can be directed to Jolene McNeil at 202 942-0308; program content questions can be directed to Naomi Goldman at 716 769-4003.