HHS Item 2
February 9, 2012
Worksession
MEMORANDUM
TO:
FROM:
SUBJECT:
Health and Human Services Committee
~ichael
Faden, Senior Legislative Attorney
Worksession: Bill 40-11, Group Homes - Developmentally Disabled Adults ­
Licensing
Bill 40-11, Group Homes Developmentally Disabled Adults - Licensing, sponsored by
the Council President at the request of the County Executive and Councilmember Ervin, was
introduced on December 6, 2011. A public hearing was held on January 24 (see testimony, ©9­
18).
Bill 40-11 would exempt certain group homes for developmentally disabled adults which
are licensed by the state from the County group home licensing law. Reasons given in the hearing
testimony for repealing this requirement include duplication of effort by County and state licensing
agencies and cost savings for group home providers.
Issues
1) Why only "de-license" this category of group homes?
An issue raised by, among others, civic activist Max Bronstein (see letter, ©25) is what is
DHHS' rationale for no longer licensing this category of group homes (developmentally disabled
adults) while both the County and the state continue to license other types of group homes. Neither
DHHS nor the other advocates for this Bill addressed this issue in their hearing testimony.
2) Does the state effectively perform its licensing function?
A recent state legislative audit of the state group home licensing agency, the Office of
Health Care Quality (OHCQ)
in
the state Department of Health and Mental Hygiene (DHMH) (see
excerpts, ©19-24), found that, from February 2008 through August 2010, the agency failed to
inspect 76% of the licensed facilities for the developmentally disabled. If one rationale for the
County no longer licensing these facilities is that the state will effectively do so, this data tends to
call that rationale into question.
In
its response to the audit, OHCQ concurred with the auditors'
finding and attributed its failure to inspect to staff shortages - a deficit of 28 inspectors in the DD
 PDF to HTML - Convert PDF files to HTML files
unit.
In
our view, for budget reasons alone, the state's staff situation is unlikely to improve in the
foreseeable future.
3) Will the County continue to perform the same fire code inspections as it currently
does?
Which if any fire code inspections will the County no longer perform? In particular, will the
County fire code inspectors continue to inspect each group home before it begins operations? This
is a code where the County is the primary enforcement agency, so concern about gaps in coverage is
especially warranted.
This packet contains:
Bill 40-11
Legislative Request Report
Memo from County Executive
Fiscal Impact Statement
Hearing testimony
State legislative audit report (excerpts)
Bronstein letter
F:\LAW\BILLS\1140 Group Homes\HHS Memo.Doc
Circle
#
1
4
5
7
9
19
25
2
 PDF to HTML - Convert PDF files to HTML files
Bill No.
40-11
Concerning: Group. Homes
Developmentally Disabled Adults
Revised: 12-1-11
Draft No.
~
Introduced:
December 6.2011
Expires:
June 6. 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-!..!N.::!.!on~e==___
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive and Councilmember Ervin
AN ACT to:
(1)
(3)
revise the licensing requirements for certain group homes for developmentally
disabled adults; and
generally amend the law regarding regulation of group residential facilities.
By amending
Montgomery County Code
Chapter 23A, Group Homes
Section 23A-3
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to e.-risting law
by
originai bill.
Deleted from existing law by original bill.
Added
by
amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council/or Montgomery County, Maryland approves the/ollowing Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 40-11
1
Sec.
1.
Section 23A-3 is amended as follows:
23A-3.
Applicability of chapter.
2
3
4
This Chapter does not apply to a:
(a)
facility which holds a valid license for institutional care, such as a
nursing home, hospital, child or adult day care facility, or domiciliary
care home for 5 or more residents;
(b)
foster or respite care home for children which is approved by the
County Department of Health and Human Services, the State
Department of Juvenile Services, or any licensed child placement
agency, in accordance with standards set by the appropriate State
agencIes;
(c)
foster care or respite care home for adults for 3 or fewer elderly
persons or persons with disabilities, which is approved by the
Department of Health and Human Services;
(d)
licensed residential or institutional facility whose total number of
residents at anyone time will exceed 16 or the number of persons
allowed under a license for the facility issued by a state agency,
whichever is less;
(e)
group home which does not routinely provide more than 50 hours of
on-site supervision a week, but a home exempted under this
subsection may apply for a license and be licensed if it meets the
requirements of this Chapter; [or]
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(f)
group home for developmentally disabled adults which is licensed
Qy
the state Department of Health and Mental Hygiene; or
25
(g}
group of persons, not related by blood or marriage, living together in a
dwelling unit as a family as defined in Chapter 59. Supportive care
services and treatment for individual residents or the group may be
provided by a person or agency that does not assume responsibility for
26
27
28
(1)
F:\LAW\BILLS\1140 Group Homes\1140 BiIl.Doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 40-11
29
30
31
acquiring those services or treatments or for supervising, directing, or
controlling the residents.
Approved:
32
33
34
Valerie Ervin, President, County Council
Approved:
Date
35
36
37
38
Isiah Leggett, County Executive
This is a correct copy o/Council action.
Date
39
40
41
42
Linda M. Lauer, Clerk ofthe Council
Date
F:\LAW\BILLS\I 140 Group HQmes\1140 Bill.Doc "
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 40-11
Group Homes
DESCRIPTION:
PROBLEM:
Developmentally Disabled Adults
-
Licensing
Would exempt certain group homes for the developmentally disabled
from county inspection and licensing requirements.
Group homes for developmentally disabled adults are currently
licensed and extensively regulated both by the State Department of
Health and Mental Hygiene/Developmental Disabilities
Administration. ("DHMHIDDA") and the County.
To eliminate duplication of effort and minimize expense for owners
of group homes serving the developmentally disabled population.
Department of Health and Human Services
See Fiscal and Economic Statement.
See Fiscal and Economic Impact Statement.
To be requested.
Montgomery County is the only jurisdiction in the state that requires
operators of group homes for developmentally disabled adults to
secure both a county and a state license.
Kathy Schoonover, Department of Health and Human Services
(DHHS), Division of Licensing and Regulatory Services;
John J. Kenney, DHHS, Aging and Disability Services;
Michael Donahue, Fire and Rescue Services.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMP ACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
N/A
N/A
f:\law\bills\1140 group homes\lrr.doc
 PDF to HTML - Convert PDF files to HTML files
\;"\LL
M't
c:.c..
Ser
065413
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE. MARYLAND 20850
LL,.
LA\--\
e"j
Isiah Leggett
AtJ\
I.
~.,
CQunty Executive
MEMORANDUM
November 2, 2011
'l
" . · ...
r
"~'';
TO:
FROM:
SUBJECT:
Valerie Ervin, Council President
/)~
L
.:::>
•.:l
I.iah
Leggett,
County
Bxecutiv~-r---
Licensure of Group Homes for the Developmentally Disabled-Bill to Exempt
I
am
attaching for the Council's consideration
a
bill that would exempt group
homes for the developmentally disabled from the genera1licensure requirements contained in
Chapter 23A of the Montgomery County Code. Also attached are a Legislative Request Report
and a Fiscal and Economic Impact Statement for this bill.
Group homes for the developmentally disabled are subject
to
licensure
and
inspection requirements by both the state and the county. No other
local
jurisdiction
in
the state
has similar requirements. This bill would eliminate duplication in the licensure and inspection
process and,
as
a consequence, reduce costs to the providers who
run
these group homes.
Ifthis exemption is granted, these group homes will still be subject to the health
and
safety standards established by the Office ofHealth Care Quality ("OHCQ") ofthe State
Department of Health and Mental Hygiene. OHCQ licenses these facilities and state inSpectors
from OHCQ conduct unannounced site
visits
to review the safety of clients, compliance with
service plans, staffing adequacy, and overall quality of care provided to residents.
In addition, each resident of
a
group home receiving funds from the
Developmental Disabilities Administration ("DDA'') will still be assigned a resource coordinator
working through Aging and Disability Services
in
our Department ofHealth and Human
Services. The coordinator is responsible for visiting the client, reviewing the services provided,
and
monitOring the cleanliness ofthe home.
Fire inspections are an essential element of the safety plan and the Department of
Health and Human Services will require that these facilities continue to be inspected annually by
the County Fire Marshall.
 PDF to HTML - Convert PDF files to HTML files
Valerie Ervin, President
November 2, 2011
Page 2
I
have concluded that there is sufficient oversight of these homes by professional
staff from state and county agencies that the well-being of residents
will
not be compromised by
the removal of the county licensure requirement.
I
look forward
to
working with the Council as it considers this legislation. For
questions about this bill, please contact Uma S. Ahluwalia, Director, Department of Health and
Human Services at 240-177-1266.
IL:gh
Attachments (3)
c: Uma S. Ahluwalia, Director, Department of Health and Human Services
Richard Bowers, Chief, Fire and Rescue Services
Kathleen Boucher, Assistant Chief Administrative Officer
 PDF to HTML - Convert PDF files to HTML files
065414
OFFICE OF MANAGEMENT AND BUDGET
Isiah
Leggett
County Executive
\ V;.
Jennifer
A.
Hughes
Director
'.
.
,
'2.\~
MEMORANDUM
,\ r\
September 21,2011
TO:
FROM:
SUBJECT:
Valerie Ervin, President, County Council
Jennifer
A.
~''''<''<:
-I:"") ;;"'}
HUgb~Director
go
BiJJ
to
Amend Chapter
23A,
Group Residential
Care
Pacmties, exempting certain
grou,
bomes for the developmentally disabled from county inspection and licensure
requirements
-<
--.
:-c
'.;J
The purpose ofthis memorandum is to transmit a fiscal and economic impact statement
to the Council on the subject
Bill.
LEGISLATION
SUMMARY
Group homes for devolopmentaJIy disabled adults are currently licensed and extensively
regulated both by the Maryland State Department ofHealth
and
Mental Hygiene, Developmental
Disabilities and MontgQDlery County. The
goal
ofthis legislation
is
to
eliminate the duplication ofeffort
and minimize expense for owners of group bomes serving the developmentally disabled population.
Bill XX-II
would:
1. Revise the
list
of facilities
to
which Chapter 23A does not apply;
2. Add "group homes for developmentally disabled adults which are
licen~d
by the Maryland
Department of Health and Mental Hygiene, Developmental Disabilities Administration"
liS
unregulated residential
facilities; and
3.
Generally amend the law regarding certain unregulated residential facilities.
nSCALANDECONQN.DCS~Y
This Bill, if approved would result in a loss ofrevenue ofapproximately $39,100 in the
Health Inspections: Living Facilities - Licenses revenue category as these services
will
no longer
be
provided. There are 782 Developmentally Disabled Adult (DDA) group home beds. The Department of
Health and Human Services (OHHS) collects $50 per bed when the facility license is renewed annually;
Office of the Director
101
Monroe Street,
14th
Floor • Rockville, Maryland 20850 • 240·717-2800
www.montgomerycountymd.gov
momgomerycountymd.gov/311
240-773-3556 TTY
 PDF to HTML - Convert PDF files to HTML files
Valerie
Ervin.
President, County Council
September
21. 2011
Page
2
(782 x 50
=
$39.100). This
am
will result in the toss of$39,100 in revenue each year over the next six
years
for
a
total revenue impact of -$234.600 ($39,100
x
6). DHHS estimates 608 bours are
spent
annually on DDA group
borne inspections
by
six
environmental health
spe<:ialists
who conduct these
inspections
at
100 hours per inspector equating to approximately one-third ofa workyear. These hours
will
be
redirected to conducting mandated State food safety inspections.
Breakout ofHours:
Number ofGroup Homes:
Assumptions:
Inspection time (including travel)
Annual inspections:
Re-inspection rate
Re-inspection time
Re-inspections:
217
2.S
hours
217
homes
x
2.5
=
543
hours
20%
IS
bours
217
x
20%
=
43
homes
x
1.5
hours
=
65
hours
Total 608 annual inspections hours (543+65=608)::::: approximately 30% of one work yeat
Montgomery County Fire and Rescue Services (MCFRS)
will
continue mandatory
safety
inspections on an 8Dnuai basis with an assessed fee. The inspections will be included as
a
contractual
.obligation on the part ofthe provider as a condition of receiving county funding the following
fiscal
year.
Currently, MCFRS charges
$154 ($140
+
10010 tech
ftmd) for inspection labor and
a
$55
pennit fee for
each group borne for a total of $209 per year. MCFRS will waive the permit fee as these providers
depend almost entirely on ftmding through
grants
and assistance provided
by
the State and County;
the
new fee
will
be
$154
per year for
each
group home.
Based
on
the current annual inspection demand of
217
DDA group homes, MCFRS will
incur
a revenue
loss
of$11,935 in
each of
the next
six
years.
The
total revenue impact over the six years is a loss of$71,61O.
This
Bm
has no meaningful impact
on
employment, personal income, investment,
or
other
economic variables to the Montgomery County economy as a whole. The
Bill
results in fewer
inspections and fees collected,
but
on
a
per-provider basis these changes are insignificant.
The following contributed
to
and C()ncurred
with this
analysis: Clark
Boil,
Senior
Administrator and Kathy Schoonover, Nurse Administrator, Licensure
and
Regulatory Services,
Department
of
Health and Human Services, Michael Donahue,
Assistant
Chief, Montgomery County Fire and Rescue
Services. Mike Coveyou, Department
of
Finance, and Trudy-Ann Durace,
Office of
Management and Budget.
JAH:tad
c: Kathleen Boucher. AssistaJIt
Chief
Administrative Officer
Lisa Austin, Offices of the County Executive
Uma
S.
Ahluwalia. Dire<:tor, Department of Health and Human
Services
Beryl L.
Feinberg,
Budget Manager.
Office
of Management and Budget
John Cuff, Office
of
Management and Budget
Amy Wilson, Office of Management and Budget
TrudY-Ann Durace. Office of Management and Budget
 PDF to HTML - Convert PDF files to HTML files
\\
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Isiah Leggett
Uma S. Ahluwalia
County Executive
Director
Testimony re Bill 40-11, Group Homes-Developmentally Disabled Adults-Licensing
by
Uma S. Ahluwalia, Director
Montgomery County Department of Health and Human Services
January 24, 2012
• Good Afternoon, Council President Berliner and members of the County
Council. I am Uma Ahluwalia, Director of the County's Department of
Health and Human Services. I am here today on behalf of County
Executive Isiah Leggett to testify in support of Bill
40-11
which, if
approved, will exempt group homes for the developmentally disabled
(DO) from the general licensure requirement contained in Chapter 23A
of the Montgomery County Code.
• We have worked very closely with the numerous stakeholders for
whom the matter of a local licensing requirement-in addition to the
State's licensing requirement - is a serious concern.
Office of the Director
401 Hungerford Drive· Rockville, Maryland 20850 • 240-777-1245 • 240-777-1295 TTY·
ww·\:v.montgomerycountymd.gov/hhs
1494 FAX
montgomerycountymd.gov/311
'~.R31·1}
240-773-3556 TTY
fI.", ..
""I5I••
I ••
II'
~r
 PDF to HTML - Convert PDF files to HTML files
• During the first year of my tenure, I met with the providers of
residential services to individuals with developmental disabilities and
heard their concern that our local licensing requirement of their group
homes was duplicative of the State's licensing activities and imposed a
non-valued burden on their managers and direct care staff. I then
consulted with various stakeholders including other County agencies,
the State Deparbnent of Health and Mental Hygiene
(DHNIH),
the
County's Commission on People with Disabilities, and advocates for
persons with developmental disabilities.
• We created a working group comprised of DHHS staff from our
Licensure and Regulation, Aging and Disability Services and the County
Fire Marshal to determine whether there is duplication of inspections by
the Office of Health Care Quality (OHCQ) in the State's
DHNIH
and the
County, and to determine whether there are certain functions conducted
by Montgomery County deparbnents that should be eliminated,
reassigned or maintained.
• Based on the foHowing factors, we concluded that DD group homes
could be exempted from the county licensing requirement without
21Page
 PDF to HTML - Convert PDF files to HTML files
losing safeguards that ensure the safety and well-being of the residents
of these group homes.
o No other jurisdiction in the State requires a local license for DD
group homes in addition to the State license.
o DD group homes must meet State quality of care requirements.
They cannot operate in the County without a state license and are
subject to the health and safety standards established by the State
OHCQ, which will continue to inspect and license these facilities
including unannounced site visits by State inspectors to review the
safety of and overall quality of care provided to residents.
o Through our contractual arrangements with DD providers, DHHS
has significant oversight of conditions
in
DD group homes-far
more than we do with other types of group homes that we license
locally. Resource coordinators and contract monitors who work
for DHHS visit these homes multiple times each year to ensure
that appropriate services are being provided to the residents.
Many of the functions currently conducted by our Public Health
31Page
 PDF to HTML - Convert PDF files to HTML files
Environmental Health Inspectors will be incorporated into the site
visits conducted by our resource coordinators and/ or contract
monitors. Any problems that they identify will be promptly
reported to the appropriate authority.
o
Fire inspections of these facilities will continue to be done on an
annual basis by the County Fire Marshall to ensure they meet all
Code requirements.
• We believe that with these safeguards in place, we can remove the
additional financial and regulatory burden that local licensing imposes
on DD group home providers. For these reasons, we ask that you
support Bill 40-11.
• Thank you for allowing me to testify today.
41Page
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY COMMISSION ON PEOPLE WITH DISABILITIES
Testimony on Bill 40-11, Group Homes - Developmentally Disabled Adults - Licensing
Before the Montgomery County Council
1:30 p.m., January 24,2012
Mark Loberg, Commissioner
Good Afternoon, my name is Mark Loberg and I am a commissioner testifying on
behalfof the Commission on People with Disabilities on this bill before you this
afternoon to eliminate the duplication of licensing ofgroup homes for people with
developmental disabilities by both the County and the State. Montgomery County is
the only jurisdiction in the state that requires operators of group homes for adults with
developmental disabilities to secure both a county and a state license.
This licensing duplication was brought to the attention ofthe Commission by a
former commissioner who was associated with homes serving adults people with
developmental disabilities, as he reported that this duplication of effort is very time
consuming for staff as well as adds additional cost to group homes serving this
population. The recommendation to eliminate this duplication came from the
Commission to the Department of Health and Human Services a few years back.
At the Commission's January 11,2012 meeting, a motion was made to support Bill
40-11 to exempt group homes serving people with developmental disabilities from
County licensing requirements. It passed unanimously.
It
is our understanding that
the fire marshal will continue to make monitoring visits as well as staff from
Resource Coordination will be making visits to the homes to have meetings with the
residents in the home.
The Commission recommends to the Council to support this bill to revise the
licensing requirements for certain group homes for adults with developmental
disabilities and to amend the law regarding regulation of group residential facilities.
Elimination of duplicative mandates while preserving the safety of those living within
the facilities is a very compelling reason to for the Council to vote in favor ofthis
bill.
We thank the Council for its support over the years of providers serving people with
developmental disabilities. Thank you for the opportunity to comment on behalf of
the Commission.
 PDF to HTML - Convert PDF files to HTML files
Montgomery County InterACCIDD
(Jubilee Assn) 10408 Montgomery Ave. Kensington, Md. 20895
Voice 301-949-8628, Fax 301-949-4628
Co-Chairs; Tim Wiens (twiens@Jubileemd.org)
&
Karen Lee (klee@seeconline.org)
Testimony before the Montgomery County Council
January 24,2012
In support of Bill 40-11, Group Homes Developmentally Disabled Adults
Montgomery County Inter
ACCIDD
is in support ofBil140-11 to eliminate County
licensure of group homes that are licensed by the Maryland Developmental Disabilities
Administration (DDA).
Uma Ahluwalia and Jay Kenney from DHHS met with Inter
ACCIDD
members a couple
of years ago in the face of County budget cuts to our agencies and asked for ideas of how
they could help to reduce our costs. Out of that meeting came the suggestion of
eliminating County licensing of group homes that are licensed by DDA.
Following are the reasons we believe County licensing should be eliminated;
1) The Maryland DDA already licenses these homes, and no other County in
Maryland also licensed these homes. In addition to the regular license
inspection the Regional Office of DDA does follow-up inspections when there are
issues of concern from licensing or when there are com plaints from family or the
community.
2) Almost all DDA funded clients living in group homes have Resource Coordinators
which are employed or contracted through DHHS. These Resource Coordinators
visit all of their clients in their homes at least once a year. We understand that
as part of this change that additional questions will be added to their checklist.
3) Contract Monitors as a part of our DD Supplement Contracts visit our homes
every two years and they also have a checklist of items they are reviewing.
4) The Fire Department will continue to inspect these homes annually for fire code
violations.
5) All DDA licensed agencies are required to have an internal/Standing Committee"
which is composed of an equal number of agency employees and non agency
employees. This committee reviews all unusual incidents that are reported to
DDA, makes recommendations for corrections, and sets and monitors quality
assurance goals for the agency.
6) Although County licensing brings some value as one of many parts to the overall
quality assurance system for our services, in tight financial times, we need to ask
ourselves how much value this level of redundancy brings to these services.
Abilities Network, The Arc ofMontgomery County, CALMRA, CHI Centers, Community Support Services,
Inc., Full Citizenship, CSAAC, Head Injury Rehab and Referral. Jewish Foundationfor Group Homes. J.P.
Kennedy Institute, Jubilee Assn .. MedSource. R.o.f., Compass Inc, SEEC, TransCen. The Rock Creek
Foundation, Treatment and Learning Centers and other providers and government agencies serving
individuals with developmental disabilities.
 PDF to HTML - Convert PDF files to HTML files
Montgomery County InterACCIDD
(Jubilee Assn) 10408 Montgomery Ave. Kensington, Md. 20895
Voice 301-949-8628, Fax 301-949-4628
Co-Chairs; Tim Wiens (twiens@Jubileemd.org)
&
Karen Lee (klee@seeconline.org)
7) Our agencies will benefit from the lack of licensure fees and from-the time that it
takes our staff to schedule these visits and to respond to licensing issues. It will
result in savings of time and money for all of our agencies. We estimate that it
costs our agencies about
Yz
a day per year of time to process the licensing
application, write the check, schedule the inspection, be at the inspection and
respond to issues raised by the inspector. This is usually done by a first line
supervisor at an estimated cost of $85 for
Yz
day of work plus the licensing fee of
$50 per resident in the home for an average home having 3 residents. So the
average savings per licensed home for our agencies would be about $235.
Jubilee Association is a middle size agency, this would save us about $4,000 a
year.
Submitted by
Tim Wiens, Co-Chair Inter
ACCIDD
and
Executi ve Director
Jubilee Association of Maryland
Abilities Network, The Arc ofMontgomery County, CALMR4, CHI Centers, Community Support Services,
Inc., Full Citizenship, CSAAC, Head Injury Rehab and Referral, Jewish Foundation for Group Homes,
J.P.
Kennedy Institute, Jubilee Assn., MedSource, R.o.J., Compass Inc, SEEC, TransCen, The Rock Creek
Foundation, Treatment and Learning Centers and other providers and government agencies serving
individuals with developmental disabilities.
 PDF to HTML - Convert PDF files to HTML files
• •
CALMRA. Inc.
serving people with cognitive disabilities
MARYUND
NONPROFITS
Testimony before the Montgomery County Council
January
24, 2012
In support of Bill
40-11,
Group Homes - Developmentaliy Disabled Adults
STANDARDS F"OR
EXCEL.L.ENCE
Good Afternoon. My name is Nancy Tolbert and I am the Executive Director of CALMRA, Inc. CALMRA is
a non-profit organization serving people with cognitive disabilities in Montgomery and Prince George's
Counties. I am here to testify in strong favor of bill
#
is
40-11.
I have been a member of the Montgomery County InterACC / DO for many years. The issue of licensing
has been discussed repeated ly for at least the last 15 years. The administrators of agencies I ike
CALMRA see the County's efforts as duplicative and costly. The costs related to this program are shared
by both, the providers and the county. In this time of extreme fiscal restraint, eliminating these fees
associated with the licensing inspections as well as the staff time devoted to these efforts would help us
considerably. I believe it would also free up the county to utilize their resources in areas that are not
already reviewed and inspected by any other entity such as restaurants, schools, and nursing homes.
Our homes already have a lot of oversight. In addition to having the State of MD review and license our
homes, our properties are visited by Montgomery County resource Coordination. Further oversight is
done by our Quality Assurance Plans that call for monitoring of our programs. These plans are
submitted and approved annualiy by the State. CALMRA, like the Council members, is also sensitive to
neighbors' opinions and perspectives. CALMRA gives all the nearby neighbors our direct phone numbers
should they have a concern with one of our properties.
Montgomery County is the ONLY county in the great State of Maryland to have such a licensing
program. All other counties work with the provider agencies and if needed, State personnel, to address
concerns. Currently Montgomery's duplication of effort is costly and unnecessary to ensure quality
service provision.
Thank you for your serious consideration of this bill and for all your work to help citizens of Montgomery
County who have developmental disabilities.
Respectfully Submitted,
Nancy Tolbert
Executive Director
CALI'vIlRA, Inc.
5020
Sunnyside Ave #206
Beltsville, MD
20705
(301) 982-7177
5020 Sunnyside Avenue, Suite 206, Beltsville, M D 20705-2307
Phone (301) 982-7177 • Fox: (301) 982-7805 • TDD (301) 982-7804
 PDF to HTML - Convert PDF files to HTML files
\\
Testimony before the Montgomery County Council
January 24, 2012
In support of Bill 40-11, Group Homes - Developmentally Disabled Adults
The Arc Montgomery County is in support of Bill 40-11 to eliminate County licensure of group
homes that are licensed by the Maryland Developmental Disabilities Administration (DDA).
Uma Ahlawalia and Jay Kenney from DHHS met with the Interagency Coordinating Council for
people with Developmental Disabilities a couple of years ago in the face of County budget cuts
to our agencies and asked for ideas of how they could help to reduce our costs. Out of that
meeting came the suggestion of eliminating County licensing of group homes that are licensed
by DDA.
Following are the reasons we believe County licensing should be eliminated;
1) The Maryland DDA already licenses these homes, and no other County in Maryland
duplicates these efforts. In addition to the license inspection, the Regional Office of
DDA completes follow-up inspections when there are issues of concern from licensing or
when there are complaints from family or the community.
2) Almost all DDA funded clients living in group homes have Resource Coordinators which
are employed or contracted through DHHS. These Resource Coordinators visit all of
their clients in their homes at least once a year. We understand that as part of this
change additional questions will be added to their checklist.
3) Contract Monitors as a part of our DO Supplement Contracts visit our homes every two
years (sometimes more often at their discretion) and they also have a checklist of items
they review.
4) The Fire Department will continue to inspect these homes annuaily for fire code
violations.
5) All DDA licensed agencies are required to have an internal"Standing Committee" which
is composed of an equal number of agency employees and non agency employees. This
committee
agency.
6) Although County licensing brings some value as one of many parts to the overall quality
assurance system for our services, in tight financial times, we need to ask ourselves how
much vaiue this levei of redundancy brings to these services.
reviews
all
unusual
incidents that
are
reported
to
DDA,
makes
recommendations for corrections, and sets and monitors quality assurance goals for the
 PDF to HTML - Convert PDF files to HTML files
7) Our agencies will benefit from the lack of licensure fees and from the time that it takes
our staff to schedule these visits and to respond to licensing issues. It will result in
savings of time and money for all of our agencies.
We estimate that it costs our
agencies about
Yz
a day per year of staff time to process (1) licensing application, write
the check, schedule the inspection, be at the inspection and respond to issues raised
by
the inspector. This is usually done by a first line supervisor and monitored by the next
supervisor in line at an estimated cost of $85 for
Yz
day of work plus the licensing fee of
$50 per resident in the home for an average home supporting 3 residents. The average
savings per licensed home for our agencies would be about $235. The Arc operates 43
homes x $235/home
=
$10,105. This is money that is more useful when applied toward
items that directly benefit the residents, i.e. food, supplies, transportation, community
inclusion activities, etc.
Submitted by
Joyce Taylor, Executive Director
The Arc Montgomery County
 PDF to HTML - Convert PDF files to HTML files
Audit Report
Department of Health and Mental Hygiene
.
Regulatory Services
November 2011
OFFICE OF LEG
ISLATIVE
Aunrrs
DEPARTMENT OF LEGISLATIVE SERVICES
iVL\R
YLAND
GENERAL ASSEMBLY
 PDF to HTML - Convert PDF files to HTML files
DEPARTMENT OF LEGISLATIVE SERVICES
OFFICE
OF
LEGISLATIVE AUDITS
MARYLAND GENERAL ASSEMBLY
November 7,2011
Karl S.Axo
Executive Director
Bruce A. Myers, CPA
Legislative Auditor
Delegate Guy J. Guzzone, Co-Chair, Joint Audit Committee
Senator James C. Rosapepe, Co-Chair, Joint Audit Committee
Members of Joint Audit Committee
Annapolis, Maryland
Ladies and Gentlemen:
We have audited Regulatory Services, a budgetary unit within the Department of
Health and Mental Hygiene (DHMH), for the period beginning February 1, 2008
and ending August 2, 2010. Regulatory Services (hereinafter referred to as the
Unit) consists of the following units:
• Health Professional Boards and Commission (comprised of 16 separate
boards and one commission)
• Board of Nursing
• Board of Physicians
• Office of Health Care Quality (OHCQ)
The entities comprising the Unit are responsible for licensing and regulating
health professionals (such as physicians, nurses, and pharmacists) and health care
facilities in the State. As further explained on page 4 of this report, the Unit was
created based on certain organizational changes made within DHMH,
Our audit disclosed that certain boards had not established adequate control and
accountability over licenses and related cash receipts. For example, as
commented upon in our audit reports dating back to 1987, one of these boards did
not reconcile the value of licenses issued to the related cash receipts. This
condition contributed
to
the failure ofthe board to detect in a timely manner the
apparent fraudulent sale and distribution of certain certificates.
We also noted that certain health care facilities were not inspected by OHCQ as
required. For example, OHCQ had not performed inspections for 725 of the
1,367 (53 percent) licensed assisted living facilities during fiscal year 2010.
Finally, we identified certain security and control deficiencies pertaining to one
board's information systems.
301 'tVest Preston Street· Room 1202 . Baltimore,
Maryland
21201
410-946-5900/301-970-5900' Fax 410-946-5999/301-970-5999
Other areas in Maryland 877-486-9964
 PDF to HTML - Convert PDF files to HTML files
DHMH's response to this audit, on behalf ofthe Unit. is included as an appendix
to this report. We wish to acknowledge the cooperation extended to us during the
course of this audit by the Unit.
Respectfully submitted,
Bruce
A.
Myers, CPA
Legislative Auditor
~o-.~
2
@
 PDF to HTML - Convert PDF files to HTML files
·
:.:­
Health Care Facility Inspections
Analysis
OHCQ had not inspected certain heath care facilities as required. OHCQ is
required to conduct inspections ofthese facilities at least annually to ensure
facility compliance with State and federal regulations regarding patient care and
safety.
7
@
,
,
','.'
~
 PDF to HTML - Convert PDF files to HTML files
According to its records, which we determined to be reliable, for fiscal year 2010,
OHCQ had not performed inspections for 725 of the 1,367 (53 percent) licensed
assisted living facilities nor inspected 154 of the 201 (76 percent) facilities for the
developmentally disabled. In addition, OHCQ had not inspected any of the 15
related resource coordination agencies (which are primarily county health
departments) responsible for developing appropriate individualized plans for
developmentally disabled individuals. DHMH inspections would include reviews
of the adequacy of these plans.
Similar situations were commented upon in our two preceding audit reports of
DHMH - Office of the Secretary. DHMH management again indicated that an
increasing workload, combined with reductions in staff, have caused the delays in
performing required inspections and they are continuing efforts to improve
inspection processes to gain efficiencies.
Recommendation 2
We recommend that OHCQ complete inspections
of the
various health care
facilities, as required
by
law (repeat).
8
@
 PDF to HTML - Convert PDF files to HTML files
Recommendation 2
We recommend that OHCQ complete inspections of the various health care
facilities, as required
by
law (repeat).
OHCQ Response:
OHCQ concurs with the finding and recommendation.
OHCQ's capacity to complete inspections of the various health care facilities as
required by
law
continues to be challenged by the ongoing surveyor
shortage.
According to OHCQ's FY 2010 Staffing Analysis, the surveyor deficit in the
Assisted Living unit was seven positions; the deficit was 28 surveyor positions in
the Developmental Disabilities (DO) unit. In operational terms, the deficit means
that in order to
complete
the mandated surveys, OHCQ will need an additional 35
surveyors. The number of completed surveys is clearly influenced by the
surveyor staffing
deficit. It's important to point out that OHCQ the number of
positions has been 194 to 183, and that the agency staffing deficit for all units is
92. These staff reductions, coupled with furloughs and administrative salary
reduction days, and the lack of administrative support positions, affects the
number of completed surveys.
In an effort to address the oversight concern, OHCQ implemented a number of
initiatives aimed at better utilizing our limited resources; they include:
• DD unit began utilizing provider self-surveys to document mandated
policy and procedure compliance and personnel training requirements,
which resulted in an average savings of two days survey
time
per agency
surveyed.
• DO unit allocated staff resources to develop a small division with the
primary focus on children's issues,
which
includes initial and re-licensure
surveys,
complaint and incident investigations, and partnerships with
other State and county agencies involved in supporting the needs of
children. The creation of the children's unit
should
increase OHCQ's
ability to complete mandatory annual visits to each of the 24 agencies.
• DO unit recently began the practice of referring non-health and non-safety
complaints to the four (4) DDA regional offices. Administrative
investigations, rather than those performed
on
site, are conducted, when
appropriate. Furthermore, the DO unit incorporates incident and
complaint investigations into re-licensure visits whenever possible.
 PDF to HTML - Convert PDF files to HTML files
~\LL
!--to - \\
Page 1 of2
Delgado, Annette
From:
Sent:
Berliner's Office, Councilmember
Wednesday, February
01,20129:44
AM
Montgomery County Council
066492
~F
M
To:
Subject: FW: Bill
40-11
From: susan or max [mailto:sumax@verizon.net]
Sent:
Tuesday, January 31, 2012 6:47 PM
To: Riemer, Hans; Rice, Craig; Navarro's Office, Councilmember; Berliner's Office, Councilmember; Leventhal's Office,
Councilmember; Eirich's Office, Councilmember; Floreen's Office, Councilmember; Andrews's Office, Councilmemberi
Ervin's Office, Councilmember; Ike Leggett
Subject: Bill 40-11
Dear Councilmembers:
Dear County Executive Leggett:
I have been communicating with Pat Brennan, Legislative Liason at HHS, about this bill. I also spoke
by phone with Mike Faden, of the Council Staff, about the bill. Further, I watched & listened to the
speakers at the public hearing on this matter. While I do not oppose the bill, all this attention leaves
me with the following unanswered quesions, & concerns about this proposed legislation.
*
Why is this bill only applied to group homes for the developmentally disabled?
There are group homes for those with disabilities that are not considered due
to developmental causes, such as physical disabilities; Alzheimer'S disease; dementia;
and the like. If the bill's aim is to avoid duplication of State oversight, why the narrow focus?
*
What is the political impetus behind the current bill?
Whenever I come across a bill that does not seem to make complete sense, I become concerned that
it has some political basis, and therefore does not have to make complete sense. Do not
misunderstand, I do not oppose the legislatron, but feel it is incomplete. Also, I emphasize that I do
not suggest that the bill should apply to half-way houses.
I listened closely to the statements by Tim Weems, of Jubilee & the group
home umbrella organization he serves. Mr. Weems mentioned that each of his organization's
homes expend $235. which would be saved if the bill passed. Joyce Taylor, of the Arc, used the
exact figure in discussing the ARC's possible saving. The ARC, with 43 homes in Montgomery, is
the giant of this type of organization locally. Interestingly, the ARC's online financial statement for
6/30/09· shows them to be a $24.5 million operation & that $21.6 million of their revenue is from
government sources. Further, please note that the Arc purchased three homes in one Aspen Hill
neighborhood, paying a total of over $1.5 million for those homes. Hardly a small operation.
Again, I do not oppose the bill, I feel it should include the additional types of group homes mentioned,
not just those for the developmentally disabled.
Another interesting item came to my attention as I researched Bill 40-11. Until the early 90's, the
County Code had a provision enabling neighborhoods to comment about group homes wlshing to
locate in their community. However, the (federal) Fair Housing Act
&
a court decision in 1993 ended
the ability to use that portion of the County Code. Perhaps a proper legal mechanism can be
@
2/112012
 PDF to HTML - Convert PDF files to HTML files
Page 2 of2
formulated so that a public voice can again be heard when group homes overly proliferate too closely
to one another.
Until I hear valid reasons as to why my questions are groundless, my antennae wlll continue to
tingle and twitch indicating that it's just politics, and that a special interest is being served, not the
public interest.
This text has been approved by the Board of the Strathmore Bel-Pre Civic Association.
Max Bronstein
External Affairs Chair
211/2012
 PDF to HTML - Convert PDF files to HTML files
HHS Item 2
February 9, 2012
Worksession
MEMORANDUM
TO:
FROM:
SUBJECT:
Health and Human Services Committee
~ichael
Faden, Senior Legislative Attorney
Worksession: Bill 40-11, Group Homes - Developmentally Disabled Adults ­
Licensing
Bill 40-11, Group Homes Developmentally Disabled Adults - Licensing, sponsored by
the Council President at the request of the County Executive and Councilmember Ervin, was
introduced on December 6, 2011. A public hearing was held on January 24 (see testimony, ©9­
18).
Bill 40-11 would exempt certain group homes for developmentally disabled adults which
are licensed by the state from the County group home licensing law. Reasons given in the hearing
testimony for repealing this requirement include duplication of effort by County and state licensing
agencies and cost savings for group home providers.
Issues
1) Why only "de-license" this category of group homes?
An issue raised by, among others, civic activist Max Bronstein (see letter, ©25) is what is
DHHS' rationale for no longer licensing this category of group homes (developmentally disabled
adults) while both the County and the state continue to license other types of group homes. Neither
DHHS nor the other advocates for this Bill addressed this issue in their hearing testimony.
2) Does the state effectively perform its licensing function?
A recent state legislative audit of the state group home licensing agency, the Office of
Health Care Quality (OHCQ)
in
the state Department of Health and Mental Hygiene (DHMH) (see
excerpts, ©19-24), found that, from February 2008 through August 2010, the agency failed to
inspect 76% of the licensed facilities for the developmentally disabled. If one rationale for the
County no longer licensing these facilities is that the state will effectively do so, this data tends to
call that rationale into question.
In
its response to the audit, OHCQ concurred with the auditors'
finding and attributed its failure to inspect to staff shortages - a deficit of 28 inspectors in the DD
 PDF to HTML - Convert PDF files to HTML files
unit.
In
our view, for budget reasons alone, the state's staff situation is unlikely to improve in the
foreseeable future.
3) Will the County continue to perform the same fire code inspections as it currently
does?
Which if any fire code inspections will the County no longer perform? In particular, will the
County fire code inspectors continue to inspect each group home before it begins operations? This
is a code where the County is the primary enforcement agency, so concern about gaps in coverage is
especially warranted.
This packet contains:
Bill 40-11
Legislative Request Report
Memo from County Executive
Fiscal Impact Statement
Hearing testimony
State legislative audit report (excerpts)
Bronstein letter
F:\LAW\BILLS\1140 Group Homes\HHS Memo.Doc
Circle
#
1
4
5
7
9
19
25
2
 PDF to HTML - Convert PDF files to HTML files
Bill No.
40-11
Concerning: Group. Homes
Developmentally Disabled Adults
Revised: 12-1-11
Draft No.
~
Introduced:
December 6.2011
Expires:
June 6. 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-!..!N.::!.!on~e==___
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive and Councilmember Ervin
AN ACT to:
(1)
(3)
revise the licensing requirements for certain group homes for developmentally
disabled adults; and
generally amend the law regarding regulation of group residential facilities.
By amending
Montgomery County Code
Chapter 23A, Group Homes
Section 23A-3
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to e.-risting law
by
originai bill.
Deleted from existing law by original bill.
Added
by
amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council/or Montgomery County, Maryland approves the/ollowing Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 40-11
1
Sec.
1.
Section 23A-3 is amended as follows:
23A-3.
Applicability of chapter.
2
3
4
This Chapter does not apply to a:
(a)
facility which holds a valid license for institutional care, such as a
nursing home, hospital, child or adult day care facility, or domiciliary
care home for 5 or more residents;
(b)
foster or respite care home for children which is approved by the
County Department of Health and Human Services, the State
Department of Juvenile Services, or any licensed child placement
agency, in accordance with standards set by the appropriate State
agencIes;
(c)
foster care or respite care home for adults for 3 or fewer elderly
persons or persons with disabilities, which is approved by the
Department of Health and Human Services;
(d)
licensed residential or institutional facility whose total number of
residents at anyone time will exceed 16 or the number of persons
allowed under a license for the facility issued by a state agency,
whichever is less;
(e)
group home which does not routinely provide more than 50 hours of
on-site supervision a week, but a home exempted under this
subsection may apply for a license and be licensed if it meets the
requirements of this Chapter; [or]
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(f)
group home for developmentally disabled adults which is licensed
Qy
the state Department of Health and Mental Hygiene; or
25
(g}
group of persons, not related by blood or marriage, living together in a
dwelling unit as a family as defined in Chapter 59. Supportive care
services and treatment for individual residents or the group may be
provided by a person or agency that does not assume responsibility for
26
27
28
(1)
F:\LAW\BILLS\1140 Group Homes\1140 BiIl.Doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 40-11
29
30
31
acquiring those services or treatments or for supervising, directing, or
controlling the residents.
Approved:
32
33
34
Valerie Ervin, President, County Council
Approved:
Date
35
36
37
38
Isiah Leggett, County Executive
This is a correct copy o/Council action.
Date
39
40
41
42
Linda M. Lauer, Clerk ofthe Council
Date
F:\LAW\BILLS\I 140 Group HQmes\1140 Bill.Doc "
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 40-11
Group Homes
DESCRIPTION:
PROBLEM:
Developmentally Disabled Adults
-
Licensing
Would exempt certain group homes for the developmentally disabled
from county inspection and licensing requirements.
Group homes for developmentally disabled adults are currently
licensed and extensively regulated both by the State Department of
Health and Mental Hygiene/Developmental Disabilities
Administration. ("DHMHIDDA") and the County.
To eliminate duplication of effort and minimize expense for owners
of group homes serving the developmentally disabled population.
Department of Health and Human Services
See Fiscal and Economic Statement.
See Fiscal and Economic Impact Statement.
To be requested.
Montgomery County is the only jurisdiction in the state that requires
operators of group homes for developmentally disabled adults to
secure both a county and a state license.
Kathy Schoonover, Department of Health and Human Services
(DHHS), Division of Licensing and Regulatory Services;
John J. Kenney, DHHS, Aging and Disability Services;
Michael Donahue, Fire and Rescue Services.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMP ACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
N/A
N/A
f:\law\bills\1140 group homes\lrr.doc
 PDF to HTML - Convert PDF files to HTML files
\;"\LL
M't
c:.c..
Ser
065413
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE. MARYLAND 20850
LL,.
LA\--\
e"j
Isiah Leggett
AtJ\
I.
~.,
CQunty Executive
MEMORANDUM
November 2, 2011
'l
" . · ...
r
"~'';
TO:
FROM:
SUBJECT:
Valerie Ervin, Council President
/)~
L
.:::>
•.:l
I.iah
Leggett,
County
Bxecutiv~-r---
Licensure of Group Homes for the Developmentally Disabled-Bill to Exempt
I
am
attaching for the Council's consideration
a
bill that would exempt group
homes for the developmentally disabled from the genera1licensure requirements contained in
Chapter 23A of the Montgomery County Code. Also attached are a Legislative Request Report
and a Fiscal and Economic Impact Statement for this bill.
Group homes for the developmentally disabled are subject
to
licensure
and
inspection requirements by both the state and the county. No other
local
jurisdiction
in
the state
has similar requirements. This bill would eliminate duplication in the licensure and inspection
process and,
as
a consequence, reduce costs to the providers who
run
these group homes.
Ifthis exemption is granted, these group homes will still be subject to the health
and
safety standards established by the Office ofHealth Care Quality ("OHCQ") ofthe State
Department of Health and Mental Hygiene. OHCQ licenses these facilities and state inSpectors
from OHCQ conduct unannounced site
visits
to review the safety of clients, compliance with
service plans, staffing adequacy, and overall quality of care provided to residents.
In addition, each resident of
a
group home receiving funds from the
Developmental Disabilities Administration ("DDA'') will still be assigned a resource coordinator
working through Aging and Disability Services
in
our Department ofHealth and Human
Services. The coordinator is responsible for visiting the client, reviewing the services provided,
and
monitOring the cleanliness ofthe home.
Fire inspections are an essential element of the safety plan and the Department of
Health and Human Services will require that these facilities continue to be inspected annually by
the County Fire Marshall.
 PDF to HTML - Convert PDF files to HTML files
Valerie Ervin, President
November 2, 2011
Page 2
I
have concluded that there is sufficient oversight of these homes by professional
staff from state and county agencies that the well-being of residents
will
not be compromised by
the removal of the county licensure requirement.
I
look forward
to
working with the Council as it considers this legislation. For
questions about this bill, please contact Uma S. Ahluwalia, Director, Department of Health and
Human Services at 240-177-1266.
IL:gh
Attachments (3)
c: Uma S. Ahluwalia, Director, Department of Health and Human Services
Richard Bowers, Chief, Fire and Rescue Services
Kathleen Boucher, Assistant Chief Administrative Officer
 PDF to HTML - Convert PDF files to HTML files
065414
OFFICE OF MANAGEMENT AND BUDGET
Isiah
Leggett
County Executive
\ V;.
Jennifer
A.
Hughes
Director
'.
.
,
'2.\~
MEMORANDUM
,\ r\
September 21,2011
TO:
FROM:
SUBJECT:
Valerie Ervin, President, County Council
Jennifer
A.
~''''<''<:
-I:"") ;;"'}
HUgb~Director
go
BiJJ
to
Amend Chapter
23A,
Group Residential
Care
Pacmties, exempting certain
grou,
bomes for the developmentally disabled from county inspection and licensure
requirements
-<
--.
:-c
'.;J
The purpose ofthis memorandum is to transmit a fiscal and economic impact statement
to the Council on the subject
Bill.
LEGISLATION
SUMMARY
Group homes for devolopmentaJIy disabled adults are currently licensed and extensively
regulated both by the Maryland State Department ofHealth
and
Mental Hygiene, Developmental
Disabilities and MontgQDlery County. The
goal
ofthis legislation
is
to
eliminate the duplication ofeffort
and minimize expense for owners of group bomes serving the developmentally disabled population.
Bill XX-II
would:
1. Revise the
list
of facilities
to
which Chapter 23A does not apply;
2. Add "group homes for developmentally disabled adults which are
licen~d
by the Maryland
Department of Health and Mental Hygiene, Developmental Disabilities Administration"
liS
unregulated residential
facilities; and
3.
Generally amend the law regarding certain unregulated residential facilities.
nSCALANDECONQN.DCS~Y
This Bill, if approved would result in a loss ofrevenue ofapproximately $39,100 in the
Health Inspections: Living Facilities - Licenses revenue category as these services
will
no longer
be
provided. There are 782 Developmentally Disabled Adult (DDA) group home beds. The Department of
Health and Human Services (OHHS) collects $50 per bed when the facility license is renewed annually;
Office of the Director
101
Monroe Street,
14th
Floor • Rockville, Maryland 20850 • 240·717-2800
www.montgomerycountymd.gov
momgomerycountymd.gov/311
240-773-3556 TTY
 PDF to HTML - Convert PDF files to HTML files
Valerie
Ervin.
President, County Council
September
21. 2011
Page
2
(782 x 50
=
$39.100). This
am
will result in the toss of$39,100 in revenue each year over the next six
years
for
a
total revenue impact of -$234.600 ($39,100
x
6). DHHS estimates 608 bours are
spent
annually on DDA group
borne inspections
by
six
environmental health
spe<:ialists
who conduct these
inspections
at
100 hours per inspector equating to approximately one-third ofa workyear. These hours
will
be
redirected to conducting mandated State food safety inspections.
Breakout ofHours:
Number ofGroup Homes:
Assumptions:
Inspection time (including travel)
Annual inspections:
Re-inspection rate
Re-inspection time
Re-inspections:
217
2.S
hours
217
homes
x
2.5
=
543
hours
20%
IS
bours
217
x
20%
=
43
homes
x
1.5
hours
=
65
hours
Total 608 annual inspections hours (543+65=608)::::: approximately 30% of one work yeat
Montgomery County Fire and Rescue Services (MCFRS)
will
continue mandatory
safety
inspections on an 8Dnuai basis with an assessed fee. The inspections will be included as
a
contractual
.obligation on the part ofthe provider as a condition of receiving county funding the following
fiscal
year.
Currently, MCFRS charges
$154 ($140
+
10010 tech
ftmd) for inspection labor and
a
$55
pennit fee for
each group borne for a total of $209 per year. MCFRS will waive the permit fee as these providers
depend almost entirely on ftmding through
grants
and assistance provided
by
the State and County;
the
new fee
will
be
$154
per year for
each
group home.
Based
on
the current annual inspection demand of
217
DDA group homes, MCFRS will
incur
a revenue
loss
of$11,935 in
each of
the next
six
years.
The
total revenue impact over the six years is a loss of$71,61O.
This
Bm
has no meaningful impact
on
employment, personal income, investment,
or
other
economic variables to the Montgomery County economy as a whole. The
Bill
results in fewer
inspections and fees collected,
but
on
a
per-provider basis these changes are insignificant.
The following contributed
to
and C()ncurred
with this
analysis: Clark
Boil,
Senior
Administrator and Kathy Schoonover, Nurse Administrator, Licensure
and
Regulatory Services,
Department
of
Health and Human Services, Michael Donahue,
Assistant
Chief, Montgomery County Fire and Rescue
Services. Mike Coveyou, Department
of
Finance, and Trudy-Ann Durace,
Office of
Management and Budget.
JAH:tad
c: Kathleen Boucher. AssistaJIt
Chief
Administrative Officer
Lisa Austin, Offices of the County Executive
Uma
S.
Ahluwalia. Dire<:tor, Department of Health and Human
Services
Beryl L.
Feinberg,
Budget Manager.
Office
of Management and Budget
John Cuff, Office
of
Management and Budget
Amy Wilson, Office of Management and Budget
TrudY-Ann Durace. Office of Management and Budget
 PDF to HTML - Convert PDF files to HTML files
\\
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Isiah Leggett
Uma S. Ahluwalia
County Executive
Director
Testimony re Bill 40-11, Group Homes-Developmentally Disabled Adults-Licensing
by
Uma S. Ahluwalia, Director
Montgomery County Department of Health and Human Services
January 24, 2012
• Good Afternoon, Council President Berliner and members of the County
Council. I am Uma Ahluwalia, Director of the County's Department of
Health and Human Services. I am here today on behalf of County
Executive Isiah Leggett to testify in support of Bill
40-11
which, if
approved, will exempt group homes for the developmentally disabled
(DO) from the general licensure requirement contained in Chapter 23A
of the Montgomery County Code.
• We have worked very closely with the numerous stakeholders for
whom the matter of a local licensing requirement-in addition to the
State's licensing requirement - is a serious concern.
Office of the Director
401 Hungerford Drive· Rockville, Maryland 20850 • 240-777-1245 • 240-777-1295 TTY·
ww·\:v.montgomerycountymd.gov/hhs
1494 FAX
montgomerycountymd.gov/311
'~.R31·1}
240-773-3556 TTY
fI.", ..
""I5I••
I ••
II'
~r
 PDF to HTML - Convert PDF files to HTML files
• During the first year of my tenure, I met with the providers of
residential services to individuals with developmental disabilities and
heard their concern that our local licensing requirement of their group
homes was duplicative of the State's licensing activities and imposed a
non-valued burden on their managers and direct care staff. I then
consulted with various stakeholders including other County agencies,
the State Deparbnent of Health and Mental Hygiene
(DHNIH),
the
County's Commission on People with Disabilities, and advocates for
persons with developmental disabilities.
• We created a working group comprised of DHHS staff from our
Licensure and Regulation, Aging and Disability Services and the County
Fire Marshal to determine whether there is duplication of inspections by
the Office of Health Care Quality (OHCQ) in the State's
DHNIH
and the
County, and to determine whether there are certain functions conducted
by Montgomery County deparbnents that should be eliminated,
reassigned or maintained.
• Based on the foHowing factors, we concluded that DD group homes
could be exempted from the county licensing requirement without
21Page
 PDF to HTML - Convert PDF files to HTML files
losing safeguards that ensure the safety and well-being of the residents
of these group homes.
o No other jurisdiction in the State requires a local license for DD
group homes in addition to the State license.
o DD group homes must meet State quality of care requirements.
They cannot operate in the County without a state license and are
subject to the health and safety standards established by the State
OHCQ, which will continue to inspect and license these facilities
including unannounced site visits by State inspectors to review the
safety of and overall quality of care provided to residents.
o Through our contractual arrangements with DD providers, DHHS
has significant oversight of conditions
in
DD group homes-far
more than we do with other types of group homes that we license
locally. Resource coordinators and contract monitors who work
for DHHS visit these homes multiple times each year to ensure
that appropriate services are being provided to the residents.
Many of the functions currently conducted by our Public Health
31Page
 PDF to HTML - Convert PDF files to HTML files
Environmental Health Inspectors will be incorporated into the site
visits conducted by our resource coordinators and/ or contract
monitors. Any problems that they identify will be promptly
reported to the appropriate authority.
o
Fire inspections of these facilities will continue to be done on an
annual basis by the County Fire Marshall to ensure they meet all
Code requirements.
• We believe that with these safeguards in place, we can remove the
additional financial and regulatory burden that local licensing imposes
on DD group home providers. For these reasons, we ask that you
support Bill 40-11.
• Thank you for allowing me to testify today.
41Page
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY COMMISSION ON PEOPLE WITH DISABILITIES
Testimony on Bill 40-11, Group Homes - Developmentally Disabled Adults - Licensing
Before the Montgomery County Council
1:30 p.m., January 24,2012
Mark Loberg, Commissioner
Good Afternoon, my name is Mark Loberg and I am a commissioner testifying on
behalfof the Commission on People with Disabilities on this bill before you this
afternoon to eliminate the duplication of licensing ofgroup homes for people with
developmental disabilities by both the County and the State. Montgomery County is
the only jurisdiction in the state that requires operators of group homes for adults with
developmental disabilities to secure both a county and a state license.
This licensing duplication was brought to the attention ofthe Commission by a
former commissioner who was associated with homes serving adults people with
developmental disabilities, as he reported that this duplication of effort is very time
consuming for staff as well as adds additional cost to group homes serving this
population. The recommendation to eliminate this duplication came from the
Commission to the Department of Health and Human Services a few years back.
At the Commission's January 11,2012 meeting, a motion was made to support Bill
40-11 to exempt group homes serving people with developmental disabilities from
County licensing requirements. It passed unanimously.
It
is our understanding that
the fire marshal will continue to make monitoring visits as well as staff from
Resource Coordination will be making visits to the homes to have meetings with the
residents in the home.
The Commission recommends to the Council to support this bill to revise the
licensing requirements for certain group homes for adults with developmental
disabilities and to amend the law regarding regulation of group residential facilities.
Elimination of duplicative mandates while preserving the safety of those living within
the facilities is a very compelling reason to for the Council to vote in favor ofthis
bill.
We thank the Council for its support over the years of providers serving people with
developmental disabilities. Thank you for the opportunity to comment on behalf of
the Commission.
 PDF to HTML - Convert PDF files to HTML files
Montgomery County InterACCIDD
(Jubilee Assn) 10408 Montgomery Ave. Kensington, Md. 20895
Voice 301-949-8628, Fax 301-949-4628
Co-Chairs; Tim Wiens (twiens@Jubileemd.org)
&
Karen Lee (klee@seeconline.org)
Testimony before the Montgomery County Council
January 24,2012
In support of Bill 40-11, Group Homes Developmentally Disabled Adults
Montgomery County Inter
ACCIDD
is in support ofBil140-11 to eliminate County
licensure of group homes that are licensed by the Maryland Developmental Disabilities
Administration (DDA).
Uma Ahluwalia and Jay Kenney from DHHS met with Inter
ACCIDD
members a couple
of years ago in the face of County budget cuts to our agencies and asked for ideas of how
they could help to reduce our costs. Out of that meeting came the suggestion of
eliminating County licensing of group homes that are licensed by DDA.
Following are the reasons we believe County licensing should be eliminated;
1) The Maryland DDA already licenses these homes, and no other County in
Maryland also licensed these homes. In addition to the regular license
inspection the Regional Office of DDA does follow-up inspections when there are
issues of concern from licensing or when there are com plaints from family or the
community.
2) Almost all DDA funded clients living in group homes have Resource Coordinators
which are employed or contracted through DHHS. These Resource Coordinators
visit all of their clients in their homes at least once a year. We understand that
as part of this change that additional questions will be added to their checklist.
3) Contract Monitors as a part of our DD Supplement Contracts visit our homes
every two years and they also have a checklist of items they are reviewing.
4) The Fire Department will continue to inspect these homes annually for fire code
violations.
5) All DDA licensed agencies are required to have an internal/Standing Committee"
which is composed of an equal number of agency employees and non agency
employees. This committee reviews all unusual incidents that are reported to
DDA, makes recommendations for corrections, and sets and monitors quality
assurance goals for the agency.
6) Although County licensing brings some value as one of many parts to the overall
quality assurance system for our services, in tight financial times, we need to ask
ourselves how much value this level of redundancy brings to these services.
Abilities Network, The Arc ofMontgomery County, CALMRA, CHI Centers, Community Support Services,
Inc., Full Citizenship, CSAAC, Head Injury Rehab and Referral. Jewish Foundationfor Group Homes. J.P.
Kennedy Institute, Jubilee Assn .. MedSource. R.o.f., Compass Inc, SEEC, TransCen. The Rock Creek
Foundation, Treatment and Learning Centers and other providers and government agencies serving
individuals with developmental disabilities.
 PDF to HTML - Convert PDF files to HTML files
Montgomery County InterACCIDD
(Jubilee Assn) 10408 Montgomery Ave. Kensington, Md. 20895
Voice 301-949-8628, Fax 301-949-4628
Co-Chairs; Tim Wiens (twiens@Jubileemd.org)
&
Karen Lee (klee@seeconline.org)
7) Our agencies will benefit from the lack of licensure fees and from-the time that it
takes our staff to schedule these visits and to respond to licensing issues. It will
result in savings of time and money for all of our agencies. We estimate that it
costs our agencies about
Yz
a day per year of time to process the licensing
application, write the check, schedule the inspection, be at the inspection and
respond to issues raised by the inspector. This is usually done by a first line
supervisor at an estimated cost of $85 for
Yz
day of work plus the licensing fee of
$50 per resident in the home for an average home having 3 residents. So the
average savings per licensed home for our agencies would be about $235.
Jubilee Association is a middle size agency, this would save us about $4,000 a
year.
Submitted by
Tim Wiens, Co-Chair Inter
ACCIDD
and
Executi ve Director
Jubilee Association of Maryland
Abilities Network, The Arc ofMontgomery County, CALMR4, CHI Centers, Community Support Services,
Inc., Full Citizenship, CSAAC, Head Injury Rehab and Referral, Jewish Foundation for Group Homes,
J.P.
Kennedy Institute, Jubilee Assn., MedSource, R.o.J., Compass Inc, SEEC, TransCen, The Rock Creek
Foundation, Treatment and Learning Centers and other providers and government agencies serving
individuals with developmental disabilities.
 PDF to HTML - Convert PDF files to HTML files
• •
CALMRA. Inc.
serving people with cognitive disabilities
MARYUND
NONPROFITS
Testimony before the Montgomery County Council
January
24, 2012
In support of Bill
40-11,
Group Homes - Developmentaliy Disabled Adults
STANDARDS F"OR
EXCEL.L.ENCE
Good Afternoon. My name is Nancy Tolbert and I am the Executive Director of CALMRA, Inc. CALMRA is
a non-profit organization serving people with cognitive disabilities in Montgomery and Prince George's
Counties. I am here to testify in strong favor of bill
#
is
40-11.
I have been a member of the Montgomery County InterACC / DO for many years. The issue of licensing
has been discussed repeated ly for at least the last 15 years. The administrators of agencies I ike
CALMRA see the County's efforts as duplicative and costly. The costs related to this program are shared
by both, the providers and the county. In this time of extreme fiscal restraint, eliminating these fees
associated with the licensing inspections as well as the staff time devoted to these efforts would help us
considerably. I believe it would also free up the county to utilize their resources in areas that are not
already reviewed and inspected by any other entity such as restaurants, schools, and nursing homes.
Our homes already have a lot of oversight. In addition to having the State of MD review and license our
homes, our properties are visited by Montgomery County resource Coordination. Further oversight is
done by our Quality Assurance Plans that call for monitoring of our programs. These plans are
submitted and approved annualiy by the State. CALMRA, like the Council members, is also sensitive to
neighbors' opinions and perspectives. CALMRA gives all the nearby neighbors our direct phone numbers
should they have a concern with one of our properties.
Montgomery County is the ONLY county in the great State of Maryland to have such a licensing
program. All other counties work with the provider agencies and if needed, State personnel, to address
concerns. Currently Montgomery's duplication of effort is costly and unnecessary to ensure quality
service provision.
Thank you for your serious consideration of this bill and for all your work to help citizens of Montgomery
County who have developmental disabilities.
Respectfully Submitted,
Nancy Tolbert
Executive Director
CALI'vIlRA, Inc.
5020
Sunnyside Ave #206
Beltsville, MD
20705
(301) 982-7177
5020 Sunnyside Avenue, Suite 206, Beltsville, M D 20705-2307
Phone (301) 982-7177 • Fox: (301) 982-7805 • TDD (301) 982-7804
 PDF to HTML - Convert PDF files to HTML files
\\
Testimony before the Montgomery County Council
January 24, 2012
In support of Bill 40-11, Group Homes - Developmentally Disabled Adults
The Arc Montgomery County is in support of Bill 40-11 to eliminate County licensure of group
homes that are licensed by the Maryland Developmental Disabilities Administration (DDA).
Uma Ahlawalia and Jay Kenney from DHHS met with the Interagency Coordinating Council for
people with Developmental Disabilities a couple of years ago in the face of County budget cuts
to our agencies and asked for ideas of how they could help to reduce our costs. Out of that
meeting came the suggestion of eliminating County licensing of group homes that are licensed
by DDA.
Following are the reasons we believe County licensing should be eliminated;
1) The Maryland DDA already licenses these homes, and no other County in Maryland
duplicates these efforts. In addition to the license inspection, the Regional Office of
DDA completes follow-up inspections when there are issues of concern from licensing or
when there are complaints from family or the community.
2) Almost all DDA funded clients living in group homes have Resource Coordinators which
are employed or contracted through DHHS. These Resource Coordinators visit all of
their clients in their homes at least once a year. We understand that as part of this
change additional questions will be added to their checklist.
3) Contract Monitors as a part of our DO Supplement Contracts visit our homes every two
years (sometimes more often at their discretion) and they also have a checklist of items
they review.
4) The Fire Department will continue to inspect these homes annuaily for fire code
violations.
5) All DDA licensed agencies are required to have an internal"Standing Committee" which
is composed of an equal number of agency employees and non agency employees. This
committee
agency.
6) Although County licensing brings some value as one of many parts to the overall quality
assurance system for our services, in tight financial times, we need to ask ourselves how
much vaiue this levei of redundancy brings to these services.
reviews
all
unusual
incidents that
are
reported
to
DDA,
makes
recommendations for corrections, and sets and monitors quality assurance goals for the
 PDF to HTML - Convert PDF files to HTML files
7) Our agencies will benefit from the lack of licensure fees and from the time that it takes
our staff to schedule these visits and to respond to licensing issues. It will result in
savings of time and money for all of our agencies.
We estimate that it costs our
agencies about
Yz
a day per year of staff time to process (1) licensing application, write
the check, schedule the inspection, be at the inspection and respond to issues raised
by
the inspector. This is usually done by a first line supervisor and monitored by the next
supervisor in line at an estimated cost of $85 for
Yz
day of work plus the licensing fee of
$50 per resident in the home for an average home supporting 3 residents. The average
savings per licensed home for our agencies would be about $235. The Arc operates 43
homes x $235/home
=
$10,105. This is money that is more useful when applied toward
items that directly benefit the residents, i.e. food, supplies, transportation, community
inclusion activities, etc.
Submitted by
Joyce Taylor, Executive Director
The Arc Montgomery County
 PDF to HTML - Convert PDF files to HTML files
Audit Report
Department of Health and Mental Hygiene
.
Regulatory Services
November 2011
OFFICE OF LEG
ISLATIVE
Aunrrs
DEPARTMENT OF LEGISLATIVE SERVICES
iVL\R
YLAND
GENERAL ASSEMBLY
 PDF to HTML - Convert PDF files to HTML files
DEPARTMENT OF LEGISLATIVE SERVICES
OFFICE
OF
LEGISLATIVE AUDITS
MARYLAND GENERAL ASSEMBLY
November 7,2011
Karl S.Axo
Executive Director
Bruce A. Myers, CPA
Legislative Auditor
Delegate Guy J. Guzzone, Co-Chair, Joint Audit Committee
Senator James C. Rosapepe, Co-Chair, Joint Audit Committee
Members of Joint Audit Committee
Annapolis, Maryland
Ladies and Gentlemen:
We have audited Regulatory Services, a budgetary unit within the Department of
Health and Mental Hygiene (DHMH), for the period beginning February 1, 2008
and ending August 2, 2010. Regulatory Services (hereinafter referred to as the
Unit) consists of the following units:
• Health Professional Boards and Commission (comprised of 16 separate
boards and one commission)
• Board of Nursing
• Board of Physicians
• Office of Health Care Quality (OHCQ)
The entities comprising the Unit are responsible for licensing and regulating
health professionals (such as physicians, nurses, and pharmacists) and health care
facilities in the State. As further explained on page 4 of this report, the Unit was
created based on certain organizational changes made within DHMH,
Our audit disclosed that certain boards had not established adequate control and
accountability over licenses and related cash receipts. For example, as
commented upon in our audit reports dating back to 1987, one of these boards did
not reconcile the value of licenses issued to the related cash receipts. This
condition contributed
to
the failure ofthe board to detect in a timely manner the
apparent fraudulent sale and distribution of certain certificates.
We also noted that certain health care facilities were not inspected by OHCQ as
required. For example, OHCQ had not performed inspections for 725 of the
1,367 (53 percent) licensed assisted living facilities during fiscal year 2010.
Finally, we identified certain security and control deficiencies pertaining to one
board's information systems.
301 'tVest Preston Street· Room 1202 . Baltimore,
Maryland
21201
410-946-5900/301-970-5900' Fax 410-946-5999/301-970-5999
Other areas in Maryland 877-486-9964
 PDF to HTML - Convert PDF files to HTML files
DHMH's response to this audit, on behalf ofthe Unit. is included as an appendix
to this report. We wish to acknowledge the cooperation extended to us during the
course of this audit by the Unit.
Respectfully submitted,
Bruce
A.
Myers, CPA
Legislative Auditor
~o-.~
2
@
 PDF to HTML - Convert PDF files to HTML files
·
:.:­
Health Care Facility Inspections
Analysis
OHCQ had not inspected certain heath care facilities as required. OHCQ is
required to conduct inspections ofthese facilities at least annually to ensure
facility compliance with State and federal regulations regarding patient care and
safety.
7
@
,
,
','.'
~
 PDF to HTML - Convert PDF files to HTML files
According to its records, which we determined to be reliable, for fiscal year 2010,
OHCQ had not performed inspections for 725 of the 1,367 (53 percent) licensed
assisted living facilities nor inspected 154 of the 201 (76 percent) facilities for the
developmentally disabled. In addition, OHCQ had not inspected any of the 15
related resource coordination agencies (which are primarily county health
departments) responsible for developing appropriate individualized plans for
developmentally disabled individuals. DHMH inspections would include reviews
of the adequacy of these plans.
Similar situations were commented upon in our two preceding audit reports of
DHMH - Office of the Secretary. DHMH management again indicated that an
increasing workload, combined with reductions in staff, have caused the delays in
performing required inspections and they are continuing efforts to improve
inspection processes to gain efficiencies.
Recommendation 2
We recommend that OHCQ complete inspections
of the
various health care
facilities, as required
by
law (repeat).
8
@
 PDF to HTML - Convert PDF files to HTML files
Recommendation 2
We recommend that OHCQ complete inspections of the various health care
facilities, as required
by
law (repeat).
OHCQ Response:
OHCQ concurs with the finding and recommendation.
OHCQ's capacity to complete inspections of the various health care facilities as
required by
law
continues to be challenged by the ongoing surveyor
shortage.
According to OHCQ's FY 2010 Staffing Analysis, the surveyor deficit in the
Assisted Living unit was seven positions; the deficit was 28 surveyor positions in
the Developmental Disabilities (DO) unit. In operational terms, the deficit means
that in order to
complete
the mandated surveys, OHCQ will need an additional 35
surveyors. The number of completed surveys is clearly influenced by the
surveyor staffing
deficit. It's important to point out that OHCQ the number of
positions has been 194 to 183, and that the agency staffing deficit for all units is
92. These staff reductions, coupled with furloughs and administrative salary
reduction days, and the lack of administrative support positions, affects the
number of completed surveys.
In an effort to address the oversight concern, OHCQ implemented a number of
initiatives aimed at better utilizing our limited resources; they include:
• DD unit began utilizing provider self-surveys to document mandated
policy and procedure compliance and personnel training requirements,
which resulted in an average savings of two days survey
time
per agency
surveyed.
• DO unit allocated staff resources to develop a small division with the
primary focus on children's issues,
which
includes initial and re-licensure
surveys,
complaint and incident investigations, and partnerships with
other State and county agencies involved in supporting the needs of
children. The creation of the children's unit
should
increase OHCQ's
ability to complete mandatory annual visits to each of the 24 agencies.
• DO unit recently began the practice of referring non-health and non-safety
complaints to the four (4) DDA regional offices. Administrative
investigations, rather than those performed
on
site, are conducted, when
appropriate. Furthermore, the DO unit incorporates incident and
complaint investigations into re-licensure visits whenever possible.
 PDF to HTML - Convert PDF files to HTML files
~\LL
!--to - \\
Page 1 of2
Delgado, Annette
From:
Sent:
Berliner's Office, Councilmember
Wednesday, February
01,20129:44
AM
Montgomery County Council
066492
~F
M
To:
Subject: FW: Bill
40-11
From: susan or max [mailto:sumax@verizon.net]
Sent:
Tuesday, January 31, 2012 6:47 PM
To: Riemer, Hans; Rice, Craig; Navarro's Office, Councilmember; Berliner's Office, Councilmember; Leventhal's Office,
Councilmember; Eirich's Office, Councilmember; Floreen's Office, Councilmember; Andrews's Office, Councilmemberi
Ervin's Office, Councilmember; Ike Leggett
Subject: Bill 40-11
Dear Councilmembers:
Dear County Executive Leggett:
I have been communicating with Pat Brennan, Legislative Liason at HHS, about this bill. I also spoke
by phone with Mike Faden, of the Council Staff, about the bill. Further, I watched & listened to the
speakers at the public hearing on this matter. While I do not oppose the bill, all this attention leaves
me with the following unanswered quesions, & concerns about this proposed legislation.
*
Why is this bill only applied to group homes for the developmentally disabled?
There are group homes for those with disabilities that are not considered due
to developmental causes, such as physical disabilities; Alzheimer'S disease; dementia;
and the like. If the bill's aim is to avoid duplication of State oversight, why the narrow focus?
*
What is the political impetus behind the current bill?
Whenever I come across a bill that does not seem to make complete sense, I become concerned that
it has some political basis, and therefore does not have to make complete sense. Do not
misunderstand, I do not oppose the legislatron, but feel it is incomplete. Also, I emphasize that I do
not suggest that the bill should apply to half-way houses.
I listened closely to the statements by Tim Weems, of Jubilee & the group
home umbrella organization he serves. Mr. Weems mentioned that each of his organization's
homes expend $235. which would be saved if the bill passed. Joyce Taylor, of the Arc, used the
exact figure in discussing the ARC's possible saving. The ARC, with 43 homes in Montgomery, is
the giant of this type of organization locally. Interestingly, the ARC's online financial statement for
6/30/09· shows them to be a $24.5 million operation & that $21.6 million of their revenue is from
government sources. Further, please note that the Arc purchased three homes in one Aspen Hill
neighborhood, paying a total of over $1.5 million for those homes. Hardly a small operation.
Again, I do not oppose the bill, I feel it should include the additional types of group homes mentioned,
not just those for the developmentally disabled.
Another interesting item came to my attention as I researched Bill 40-11. Until the early 90's, the
County Code had a provision enabling neighborhoods to comment about group homes wlshing to
locate in their community. However, the (federal) Fair Housing Act
&
a court decision in 1993 ended
the ability to use that portion of the County Code. Perhaps a proper legal mechanism can be
@
2/112012
 PDF to HTML - Convert PDF files to HTML files
Page 2 of2
formulated so that a public voice can again be heard when group homes overly proliferate too closely
to one another.
Until I hear valid reasons as to why my questions are groundless, my antennae wlll continue to
tingle and twitch indicating that it's just politics, and that a special interest is being served, not the
public interest.
This text has been approved by the Board of the Strathmore Bel-Pre Civic Association.
Max Bronstein
External Affairs Chair
211/2012