MAINE Hymanson looking for answers on results of 'scathing' federal audit Report: Deaths, abuse at group homes not investigated

YORK, Maine - State Rep. Patricia Hymanson of York, House chairwoman of the Health and Human Services Committee, wants some answers about a "scathing" federal audit blaming the state for failing to investigate deaths, neglect, sexual abuse and other issues involving people with significant developmental disabilities.

She has directed her committee members, with the approval of Senate committee chairman Eric Brakey, R-Auburn, to formulate questions that will be forwarded to Acting DHHS Commissioner Ricker Hamilton for answers. "I think we can ask hard questions of the department, and we should," as the legislative committee over oversight.

"These are the most needy adults in our state, who are severely intellectually disabled, who can't take care of themselves," she said. "The harm that is done is unclear, because if you don't evaluate what has happened, you don't know if these incidents were unforeseen and nothing remarkable or not."

Last week, the inspector general for the U.S. Department of Health and Human Services released an audit of its investigation to determine whether the state DHHS complied with the terms of a federal agreement to provide services to this population. The state had a waiver from the feds to allow it to provide home and community-based services, rather than put these individuals in nursing homes.

With that waiver, said Hymanson, came an agreement that the state would have "a solid evaluation system in place for critical incidents that might involve death, abuse and error. All that has to be investigated at a very high level."

The audit investigated the period between January 2013 and June 2015. Among its top findings, DHHS failed to investigate the deaths of all 133 people with developmental disabilities who died during that time, and did not notify law enforcement agencies. The audit also determined only 5 percent of cases of suspected verbal abuse, neglect, sexual abuse or medication issues were accepted for investigation. At stake is federal funding the U.S. government granted for the waiver.

In addition, said Hymanson, in failing to report these incidents, DHHS violated not only federal regulation but state law.

Hymanson said "I just sighed" when she read the audit. She said she is concerned not only because the people of Maine will now never know what happened in these cases, but also that the lack of reporting "takes away the ability to improve the system. The purpose of the reporting is to see if something nefarious happened, but also to see what can be done to improve services in the future. We have failed to be able to do that."

She takes heart that Acting Commissioner Hamilton contacted her directly and they will meet Monday. He will be the key to plotting further committee action, she said. The Legislature is out of session right now and will not return until January. "But that doesn't mean as the committee of oversight we can't ask hard questions of the department."

She said Republican co-chairman Brakey agreed to her plan to have committee members develop questions for Hamilton by Aug. 23. Hamilton will be given a week to reply. Both the questions and answers are public records and will be made available to any Mainer. "If the answers are unacceptable, I would like to hold a hearing," she said, but Brakey would need to agree to that.

She stressed the committee's goal is "not to punish DHHS, but to make sure they do the right thing, to make sure these severely disabled people are accorded the services they deserve. Group home advocates are saying, 'Tell us what we need to do and we will do it. But you have not told us.'"