Thursday, December 31, 2009
Let us take a moment of silence to realize that the industry of Medicaid Fraud in Child Welfare is encouraged through the promotion of pseudo-empirical research by educators who are breathtakingly deficient in the disciplines of ethics and policy.
Taken from the Center for Advanced Studies in Child Welfare (CASCW) is the objective for its learning modules.
CASCW's learning modules are developed by affiliated faculty within the School of Social Work. Child welfare-relevant evaluation findings, which include current policies and practices affecting Title IV-E eligible families and children, are incorporated into these supplemental training materials.
Now, at this point, many are wondering what is wrong with the research and evaluation findings that have led to the development of these learning modules used in child welfare training, so let's look at what is not present.
Definition of parental rights: I wrote extensively on the subject of parental rights, complete with identified model, definition and usages. The University of Minnesota Center for the Advancement of Studies in Child Welfare, therefore, has no authority in child welfare as it has not properly demonstrated the skills, knowledge and abilities to execute research nor the credibility to implement policy.
Accountability: There is nor has there ever been any mention of contractual disbarment, license revocation, fines, sanctions, well, anything dealing with federal funding criteria has been avoided like the plague and here is the reason why:
The Center for Advanced Studies in Child Welfare (CASCW) was established in 1992 with federal Title IV-E funding and a grant from the Bush Foundation. The Center brings the University of Minnesota together with county and state social services in a partnership dedicated to improving the lives of children and families.
That's right, Social Security Title IV-E funding. Many do not know that Title IV-E funds training for child welfare agencies through education. Here's how the scheme works.
A state will receive funding through the U.S. Department of Health and Human Services Administration for Children and Families to provide training to all federally funded Child Welfare programs.
In most states a person must be licensed as a social worker to work in child welfare. Some states partner with manoeuvrers, such as the University of Minnesota's Center for Advanced Studies in Child Welfare, who receive state funding grants like demonstration grants and traditional university funding, to design programs and initiatives to support the state's revenue-maximization schemes in child welfare.
The university will design curriculum and theory to enhance the current state administrative policies and practices. In some states, such as New York, the state canceled all private training to redirect all activities to Cornell. When this happens, a question of ethical practices occurs. In the New York situation, Cornell has designed a subsidiary structure where a child welfare worker may go to receive the necessary training for licensing.
The problem is there is no competition, hence, they can instruct workers to do whatever they wish.
Another problem is with fraud. There are double-billing, treble-billing, phantom billing, kiddy kickbacks, phantom organizations, phantom employees, phantom programs and the state will do nothing to stop it. Most of the fraudulent billing activity remains in the state coffers to be re-allocated to cover the state's percentage of state-federal funding formula percentage.
Here is an easier way of looking at the funding situation:
Taxes => Feds => States => Universities => States => Child Welfare Policy
You pay federal taxes. That money then goes as SSA Ttle IV-E grants to States. States fund universities to train and create policy. False claims are generated and the money goes to pay it's portion of the funding. This is a maximization of revenue that is then put into more child welfare programming to continue generating funds to create more activities.
In Michigan, the training is all in-house, or rather in the Judicial Branch under the State Court Administrative Offices. What this brilliant state did was to manoeuvre around titles and create the legislative term of "case managers". One no longer needed to be a social worker to work in child welfare, meaning a G.E.D. was the minimum requirement. Even if a social worker was licensed, there is no regulatory state entity to file grievances in child welfare, meaning the state is not appropriately using its ADA grievance funding nor is it properly using it Attorney General consumer protection funding.
Then the training, in the Child Welfare Institute, is conducted by young, community college students, as most of the seasoned uneducated staff left. Much of the training sessions consist of internet cut and paste that has nothing relevant to do with the state.
The worst parts with the Michigan training model are that it relies upon whatever it fabricates and private child placing agencies are not mandated to send their child welfare "case managers" to any kind of training. This way, more of the double-billing, treble-billing, phantom billing, kiddy kickbacks, phantom organizations, phantom employees, and phantom programs continue to thrive in the never ending supply-chain of families falling into poverty.
Transparency: There is not one single reference to public education on administrative operations, fiscal reporting, internal audits, external audits, grievances, ethics or anything else in the realm of organizational integrity, but this is understandable because the University of Minnesota CASCW knows nothing about this area of study. In fact, it encourages unethical behavior in all its programming.
Again, I have examined in depth the barriers to transparency in child welfare, so I am in a position of authority, along with the U.S. DHHS OIG and U.S. DOJ, to state that fraud, in its various shapes and forms, will continue to flourish in the unethical academic environments.
I make the assertion that all research hailing from the University of Minnesota CASCW is suspect as it fails to identify its biases and limitations in constructing a valid definition of parental rights and fails to identify its inherent conflict of interests with SSA Title IV-E funding, and neglects to raise the issues of fraud in child welfare.
My overall grade for the work of University of Minnesota CASCW is F.
Tuesday, December 29, 2009
If you do not believe me, perhaps you will believe the Executive Branch when they state the position of fear on Medicaid fraud.
OMB Statement of Administrative Policy on State Medicaid Fraud
This is simplified version of how Medicaid fraud thrives in child welfare. Enjoy, because child welfare services surely are enjoying your tax dollars.
What you are about to watch is not a joke. This is actually taught in university social worker curriculum and state training, federally funded by Social Security Title IV-B, Title IV-E and the Anne B. Casey Foundation.
I have attended numerous Michigan child welfare training sessions and this is what they train:
Michigan Title IV E Funding Presentation 5-2008
Monday, December 28, 2009
Mississippi DHHS OIG 2000
Children’s Rights filed its class action against the state of Mississippi in 2004, on behalf of the more than 3,500 children in foster care there. The federal complaint asserts that the State has long been aware of pervasive failures within its child welfare agency, the Division of Family and Children’s Services (DFCS), which pose a risk to children in state custody. Among the problems cited:
* After an allegation of abuse or neglect is confirmed, DFCS frequently fails to open a case or provide services, instead leaving children in harmful environments or placing them with relatives without conducting proper safety screenings;
* DFCS routinely places children as young as toddlers in large group facilities, often more than 50 miles away from their homes. Many institutions are unlicensed and therefore do not have to comply with state and federal requirements for staffing, training, corporal punishment, or planning for children’s futures;
* DFCS caseworkers are poorly trained and overburdened with dangerously high caseloads; and
* Children live in emergency shelters and other temporary holding facilities for months at a time, due to a lack of appropriate foster placement options.
The State of Mississippi is still under federal court monitoring.
After the movie, I had a talk with some young boys to get their reactions and feedback. The main point of the movie these boys focused on was the fact that no matter what happened after child protective services took him away from his mother, he was a "runner" who always found his way back to his mother. These kids were not inspired by the professional football portion of the story, per say, they were inspired about remembering where you came from.
The boys started discussing ways they would keep in touch with their families if they were ever taken by child protective services. It was amazing the brilliance they all possessed as the boys spoke of emails, Youtube videos, Playstation 3, Xbox 360, Twitter, Facebook, and many other social networking avenues.
It seems current removal policies of foster care and adoption have been blind sided with technology.
Now, this is my reaction to the movie. I saw a mother and kids, screaming and crying in a child protection removal in the movie yet I did not see anyone even flinch at the scene.
Witnessing the scene where Sandra Bullock goes into the child welfare office and no one is really working, she sees the case worker who has incomplete files and has no idea of the whereabouts of the young man. I saw, in a major motion picture Medicaid fraud. How can a child protection agency collect funding to manage a case when the child is homeless?
I saw a child welfare case where services nor resources were ever given to the mother, yet they were claimed to have been rendered.
I saw a child who was under the care of the state make a statement that he never had a bed before.
I saw the results of separate sibling placements when the young man met his brother in the restaurant scene after many, many years, not knowing his whereabouts.
I saw how it was perceived as such an oddity for a person who wanted to assume the legal role of parent ask to meet the birth parent before an adoption.
I saw the public attitudes of indifference to altruism and human compassion to youth aging out of foster care during the NCAA investigation.
I realized there was a secondary story line, and it "blind sided" the public by exposing the child welfare system for what it is!
Bravissimo, to Michael Lewis and all the cast, crew and directors for bringing Medicaid Fraud in Child Welfare to the big screen.
Standing ovation to Sandra Bullock in one of her best performances, and for taking on such a controversial, underlying storyline. Reminds me of Natalie Wood's roles.
Saturday, December 26, 2009
WASHINGTON—Visiting Physicians Association, which is based in Farmington Hills, Mich., will pay the United States and the state of Michigan $9.5 million to settle allegations that the association violated the False Claims Act by submitting false claims to Medicare, TRICARE, and the Michigan Medicaid program, the Justice Department announced today. Visiting Physicians Association is a Michigan professional corporation which has provided home health services at various times in Michigan, Ohio, Georgia, and Wisconsin.
The agreement announced today settles allegations that Visiting Physicians Association submitted claims to the Medicare, TRICARE, and Michigan Medicaid for unnecessary home visits and care plan oversight services, for unnecessary tests and procedures, and for more complex evaluation and management services than the services that Visiting Physicians Association actually provided...read more.
Now, let's examine this a little more in depth.
First, you have to understand that this is a settlement agreement to allegations, not conviction. What this means is the U.S. DOJ, sat the company down and said,
"Look, we know you did more crap than this but you are too big of an organization and will cripple the local economy and leave lots of your patients with no place to turn, so, this is what we are going to do. You give us a nice token trophy of a settlement, which you can write off as a tax deduction, to scare off others from doing it and we will let you continue to do business with the government."
The DOJ is very limited on resources to properly execute regulatory oversight on fraud. This is why there is the False Claims Act. Similarly in the States, there are Medicaid Fraud Control Units, under the authority of the States Attorney General. These units do absolutely nothing due to the conflict of interest in child welfare. Some states, also have its own False Claims Acts, but these acts are, in some shape or form, constructed with limitations and barriers for the individual to bring forth claims.
In this instance, the Lincoln Law (named for the original statute of the False Claims Act to stop fraud in the Civil War. An example was businessmen billing the military for shoes it never made.) somewhat did its job. But, if you dig a bit deeper, Visiting Physicians Association mainly provided services to the elderly population.
So what about fraud in child welfare?
So far, there is only one successful false claims settlement case of fraud in child welfare, settled November 13, 1998. One person received $35,000.000.00 in one small area of funding. Think if this was applied to the entire state.
STIPULATION and ORDER, the defendants agree to pay the United States, in full compromise and satisfaction of this action, the sum of $49,000,000.00 in connection with funds received under Title IV-B of the Social Security Act, 42 U.S.C. section 620 et seq., that the United States had previously paid to the defendants. The State defendants shall pay the United States the amount of $35,000,000.00 and the City defendants shall pay to the United States the amount of $14,000,000.00. The settlement amount shall constitute a debt due and owing upon entry of this stipulation by the Court and is to be discharged by payment to the United States under the terms and conditions as set forth in this stip and order ; Subject to and upon receipt of the Settlement amount, the amended complaint and the defendants' cross claims shall be dismissed with prejudice, with each party to bear its own attorneys' fees and costs, except as provided herein. (signed by xxx) (Entered: 11/16/1998)*
Even though the stipulation and order was entered did not mean that the false claims stopped. The fraud only escalated because it had already been addressed. The sky's the limit on fraud from here!
The reason it is such a challenge to bring forth these actions is because, after this, there was a regulation moritoria, meaning the Congress allowed regulation of Medicare, Medicaid and other Social Security programs to be suspended and to continue to be suspended. This means it is not fraud because there is no rules being broken.
Secondly, going after fraud in child welfare would basically implode state and local governments because of the epidemic proportions of fraud.
Lastly, any relator, being a whistleblower, would have to know where to go because the legal community is in the corner, sucking its thumb, rocking in the fetal position, in fear of losing licensing and disbarment.
This is why I have this site, to educate those in positions to stop fraud in child welfare, particularly Medicaid fraud.
*If I told you everything, you would never be surprised.
Thursday, December 24, 2009
She actually developed some really good arguments, but, alas, she did not touch the fraud, waste and abuse...so I did.
The response is not, per say, directed at Ms. Mercer, but to the academic community. There were some really hard pressing comments about her not meeting the benchmarks of authority to comment, so I had to step up and speak out for her:
One key point the academic community fails to recognize is the First Amendment right to free speech. Academic work is not only constrained within in the boundaries of institutionalized policies of public etiquette, but is often silenced when there is a conflict of financial interests in the course of study.
What this means is a professional will stay within the academic comfort zone so as to pacify the publishing authorities and the funding sources, leading to researcher bias.
A person who hails not from the academic arena and is not draped with laurels of educational accomplishment is often dismissed as being suspect with their views or information. A person's only recourse is a court of law by which the judgment will, again, publicly sequester the information from the academic community.
With that said, the key point this article fails to recognize is the Freedom of Information Act ability to secure data to formulate any type of opinion. In Child Welfare, a Medicaid funded service, there is no possible way to obtain any original source information unless a person has subjected to it as the information is excluded and exempted from public scrutiny.
Because you have dismissed this parent's input and left her to fend for herself against the academically controlled diffusion of information kingdom, I challenge any authority you possess on this subject matter.
Here is my response to that very same New York Times article: Poor Children Likelier To Get Abused
The issues of fraud, waste and abuse were never raised in this article.
To learn about Medicaid fraud in Child Welfare, I am An Original Source. Feel free to engage me.
So, if there are any Ph.D.s, J.D.s, or anyone who supports the Child Welfare System in its current form, out there who have the balls to engage me, bring it on.
The topic: Fraud in Child Welfare
Wednesday, December 23, 2009
Consent must be given by the authorized representative of the DHS or of a child placing agency to whom the child has been released or permanently committed by an order of the family court.
Under the bill, consent could be given by the authorized representative of the DHS or his or her designee.
Under Section 19c of the juvenile code, if a child remains in placement following the termination of parental rights to the child, the family court must conduct review hearings and permanency planning hearings. The court may appoint a guardian for the child, if it determines that doing so is in the child's best interest. The court may not appoint a guardian without the MCI superintendent's written consent. Under the bill, the court could not appoint a guardian without the written consent of the superintendent or his or her designee.
The code requires the MCI superintendent to consult with the child's lawyer guardian ad litem when considering whether to grant consent. Under the bill, that requirement also would apply to the superintendent's designee.
These are the three primary sponsors of a package of bills that would glorify legislating from the bench, but would crazy glue the lid on Medicaid fraud in Michigan's Child Welfare.
With amazing speed the Three Fraudketeers fast tracked these bills through the Senate in 56 days. There were no announcements that the bills were even to be on the agenda of the Committee on Families and Human Services because the day they were introduced, they were referred.
In 28 days, the Committee summaries were completed by a fiscal analysts: David Fosdick who found the bills to have no fiscal impact on State or local government. This finding alone should automatically set off the fraud alarm system because the entire purpose of these bills is to get the state to become eligible for increases in federal recovery funding. Obviously, David Fosdick has not climbed very high on the intelligence food ladder because the Three Fraudketeers made him their prey to publish such blatant lies.
The purpose of the bills is to get the kids out of the custody of the state and into permanent placements. The feds want this and so do we. Since the state is very slowly, I mean at a squamulose, slithering, laggering pace, the state is..., hell, the only reform in child welfare is to make sure it does not change, so I guess fraud reform can be considered as legitimate in child welfare reform.
So, instead of providing services to reduce the rate by which children must enter care, or instead of designing legislation to regulate child welfare to end fraud, the Three Fraudketeers came up with a solution to convince the obtuse Senatorial leadership that it is impossible for the state to come into federal grant compliance, in no way, shape or form.
Of course, one may ask: "Why have these Three Fraudketeers come together, now?"Let me tell you:
I filed the Quo Warranto. In the State Court of Appeals, an action regarding a public official may be filed there, so I did. I found that the State Court Rules were written with a significant procedural error when it was propped up in the 1980's; there is no ex-parte procedure. If there is no ex-parte procedure, then it becomes impossible to execute an application in the nature of information for quo warranto. I knew this but the Court did not, so I began my litmus test to see how far the Courts would go to cover up Medicaid fraud in child welfare and filed the action.
The Michigan Judiciary blew me away with the lengths it would go to cover up Medicaid fraud in child welfare. Presiding Judge Michael J. Kelly, let's just say he knows me pretty well, decided, without finding of fact and conclusion of law, it would not be in his personal best interests to allow a gal her due process...again.
But, right before that I was honored with a wonderful birthday present. The Michigan Supreme Court Adopted amended Court Rules and a new Court Rule, all due to my lil' ol' quo warranto. See, there is a Fourth Fraudketeer, and she goes by the name of Maura Corrigan.
The state continues to refuse to contractual debarment, license revocation, fines, sanctions, refer violations of law to the Attorney General and continues to allow double-billing, false billing, phantom billing, kiddy kickbacks, etc. Even though the Federal Funding Percentage for the state is 50%, when it could be 70%, it is still fiscally beneficial to state and local governments to continue its practice of fraud in child welfare. Accountability and transparency will remain strangers to the child welfare system as Bill Johnson and his newly crowned accomplice in fraud, Bruce Hoffman, will be cranking out adoptions, because once a child is adopted, there is no way to go back and find the evidence of fraud in the service files.
And that is how the Three Fraudketeers and Corrigan, got together to ram these bills down the throats of Michigan's unsagacious senate.
Monday, December 21, 2009
Welcome, aboard, Minton!
Kentucky Supreme Court Chief Justice John Minton should not only be recognized for supporting Rep. Tom Burch's actions to open family courts, but he should be supported as a national advocate, empowering the people their right to accountability and transparency in governance.
Fraud, particularly Medicaid fraud, waste and abuse in child welfare is perniciously pervasive, growing at an alarming rate under the iron curtain of secrecy.
Any issue challenging the ability of public scrutiny should be considered as suspect, if not an ad hominem, invalid and fallible argument.
If there is nothing to hide, then remove the iron curtain.
The chief justice of Kentucky’s Supreme Court, John D. Minton, said he supports a pilot project to allow access to Kentucky’s now-secret family courts.
The project would require a change in state law and a similar effort failed two years ago. But some supporters of the measure, including Rep. Tom Burch, D-Louisville, believe it’s time to try again in the 2010 legislative session...read more
Everyone, meet Bill Johnson, Superintendent of Michigan Children's Institute.
This is probably the first time Bill Johnson, Superintendent of Michigan Children's Institute has been interviewed by television media. WXYZ Channel 7 Detroit, ABC has opened the doors to the state decision process of child wards.
(WXYZ) - We’ve all heard the heartbreaking stories of children abused and neglected in foster homes. A local couple is asking why the state would take their foster child who is also their nephew, a little boy they so desperately love and had hoped to adopt.
Action News investigator Heather Catallo has a rare glimpse into the heart wrenching day the state took Jake away. read more
Let's see if the media is brave enough to do an indepth expose and even interview me.
Saturday, December 19, 2009
Beyond opening family court records to public scrutiny comes the destruction of the iron curtain sequestering the operations of child welfare. The arguments challenging transparency and accountability in these proceedings are without merit as other states are open. The true platform to those who wish to keep the public in the dark of what is actually happening in child welfare are those who wish to preserve the fraud, waste and abuse of public funding.
If the Attorney General MFCU remains asleep at the helm protecting the people, then someone must stand up. Rep. Burch has been the lone brave general in his battle to represent the people, and I am honored to know such a champion of accountability and transparency. Medicaid fraud is a ferocious, unchained beast in child welfare, devouring our economic security.
Kentucky State Representative Tom Burch should be honored for his historic role in bringing sunshine to, not just Kentucky, but the nation's child welfare system.
Sir, again, if there is anything I may do, I am at your humble service.
CONTACT REP. TOM BURCH
Representative Tom Burch
4012 Lambert Avenue
Louisville, KY 40218
Telephone: (502) 454-4002
Here are 49.1 million reasons to support sunshine legislation in Kentucky.
Kentucky Title IVE 2006
Thursday, December 17, 2009
He was the man who approved the homeschooling of the children.
He was the man who approved the adoption while there was an ongoing murder investigation.
He is a man who is the legal guardian of more than 7,000 children.
He is a man who represents the State of Michigan without election or appointment.
This is the continuance of my comment to The Detroit News article on Homeschooling:
He is a man who possesses more power than the Governor.
He is a man who makes federal decisions.
He is a man who is omnipotent.
He is protected by the court yet not accountable to law.
Instead of perpetuating a mindset of injecting more power and authority in a system that is devoid of any regulation, itself, let's look at alternative solutions:
In order to even begin to open discussion to address the issues with homeschooling, the state must stand up and admit that these anomalies of the most extreme and horrific situations of malice to children happen under the auspices of the state.
Even though the Office of Children's Ombudsman advocates for children, it possess relatively little authority to effectuate any advocacy for children.
Not all complaints filed with the Office of Children's Ombudsman are accepted as they must make it past the intake officer, one singular individual makes "on her feet" decisions whether to accept a complaint.
Next, if, by chance, a complaint makes it to the decision process whether or not to initiate investigation, the Ombudsman can, with arbitrary and capricious decision making powers, deem the complaint "Valid-Not-Opened". This means there were violations substantiated, but the Ombudsman will not take any action.
Then, when the Ombudsman finds violations of federal and/or state law during the course of an investigation, the Ombudsman, being mandated by law is suppose to refer to the counties prosecutor or the Attorney General.
Not one referral has ever been made in the history of the state.
Assumptions can only be made that if, referrals were made to the Attorney General, as he is the proper venue in dealing with Wayne County as the Attorney General prosecutes all child welfare juvenile cases, the Attorney General would have to animate its Medicaid Fraud Control Unit to proceed with the investigations of violations, prosecution and recoveries of Medicaid fraud.
The Attorney General Medicaid Fraud Control Unit does not and will not touch Medicaid Fraud in Child Welfare. The largest component of funding in child welfare is what is called Targeted Case Management, a Medicaid funded activity. It should also be noted that Michigan is the only state that does not separate its Medicaid expenditures when reporting the amounts spent on children and those amounts on adults.
Another area of Medicaid in child welfare with service providers. It is impossible to validate whether the services were actually provided to children in foster care, adoption, or juvenile justice or if the services were provided by phantom organizations.
With the few examples that have been provided, it is quite evident that the policy recommendations of the Office of Children's Ombudsman should be scrutinized.
Home Schooling Regulation Alternatives
Cyber Schools: The factory school model has been in decay, as evident in the career opportunities in the state. The focus needs to be in technology .
Michigan has already demonstrated its ability to accept innovation in its educational system. This can be seen in the surge of online schools. If a child is not able, for whatever reason, to attend a traditional classroom setting, the child may then be enrolled in the school district in its cyber school program.
The child can then be provided computers, equipment and internet access, all at the expense of the school. The child can then be provided in-home services through visits with mentors, teachers, case managers, and any other professional that can assist the child with their learning objective.
This type of schooling opens multiple federal funding opportunities that can provide resources to encourage the successful progress of the child's education without the intrusive and dysfunctional operations of child protective services.
The child, enrolled in the cyber school, can then be included in the school district student counts, allowing an increase in funding. That increase in funding is coupled with the fact that schools do not have to maintain physical buildings and fixed costs of operations.
Simply put, it is cheaper to buy a child a computer than to maintain a building.
The child's grades and progress is then monitored and recorded.
The child then possesses a tool to go forth in his or her future.
Is it not better to give a man a fishing pole and teach him how to fish?
Is it not better to give the Department of Education the opportunity to protect the future of our children, because before you are a man, you are a child.
Tuesday, December 15, 2009
It is an honor and a privilege.
Monday, December 14, 2009
A CHILD ABUSE INDUSTRY?
As a practicing lawyer and a former legislative analyst, I have viewed as many disturbing trends as my broader research on the international scene. Our children and our rights to our children are all important and increasingly efforts are being made to separate those of us with strong religious and political beliefs from our children. Our raising our children up is increasingly being referred to as "radicalization" and "indoctrination." This applies particularly to home and religious schoolers.
I have found an amazingly dedicated blogger, Beverly Tran, who has single handedly uncovered, researched in depth and had the courage to speak on amazing money and power issues in these areas.
This is an area of the law likely to personally affect us at any time, particularly as the Alliance of Civilizations agenda advances in tandem with the powers of the state to remove children from loving parents on all too often flimsy pretenses.
In 1986 I was asked to be the keynote speaker at a Dallas, Texas convention on "the Abuse of Child Abuse laws." Having been in the system as long as I have, I have seen both sides of the issue. I have seen real abused children and indifferent workers. Equally, I have seen overzealous workers disliking religious preferences of parents and seeking to remove children on the flimsiest of pretenses. I have also seen blatant disregard of existing family ties in a rush to place children with non-related foster parents who are paid large adoption subsidies.
Tomorrow night, Michigander, Beverly Tran, analyst and expositor par excellence has agreed to join me on MY PERSPECTIVE and share valuable information that all of you need to survive similar systems in your own regions. Join us on www.themicroeffect.com at 8 p.m. Eastern time, 7 p.m. Central time, 6 p.m. Mountain time and 5 p.m. Pacific time. Alaskan listeners should be able to reach us at 4 p.m.
Monday, December 14, 2009
This is only one, very small case of children needlessly being placed in foster care, then parental rights are egregiously terminated to quicken the adoption and seal the records to hide the fraud.
Child Welfare fraud, mainly Medicaid Targeted Case Management fraud, does n only challenge the economic security of the nation, it also destroys the lives of children and the original guardians (parents).
The main reason foster care is failing children is because no one will stand up and do anything about Medicaid fraud in child welfare, but me.
The pervasive area of Child Welfare Fraud is with Medicaid, Targeted Case Management. This is what funds child welfare services.
Unfortunately, States Medicaid Fraud Control Unit, along with the States Attorney General, do nothing to stop Medicaid Fraud in Child Welfare.
There are no internal fraud controls because the Child Welfare Industry is unregulated and Kiddy Kickbacks prevail.
Social Security is a bi-polar system, with one end the aged and the other end the child. Child Protective Services has failed its purpose to protect children because it has perpetuated the pattern and practice of Medicaid Fraud. Medicaid Fraud is child abuse.
I commend the work of the Federal Investigators, U.S. Attorneys and the Court system, but they cannot do this alone. Our policymakers need to realize that the moritoria of Medicaid regulations must be suspended, now, to stop Medicaid Fraud in Child Welfare.
Sunday, December 13, 2009
If Medicaid fraud of this magnitude is happening in the public eye, then think of what is happening behind the iron curtain of child welfare.
For many years the Congress of the United States has worked diligently to protect the health and welfare of the nation's elderly and poor by implementing legislation to prevent certain individuals and businesses from participating in Federally-funded health care programs. The health and welfare of the nation's children and families must be protected by including Child Welfare Agencies in this exclusion database. Foster Care and Adoption Agencies should be banned from entering contracts using federal funds if the bases for exclusion have been met.
Bases for exclusion include for child welfare program-related fraud, child abuse, child deaths, licensing board actions, improper and questionable claims, false reports.
The effect of not being able to participate in federally funded contracts is:
* No payment will be made by any Federal child welfare program for any items or services furnished, ordered, or prescribed by an excluded individual or entity. Federal foster care and adoption programs include Medicaid Targeted Case Management, and Social Security Title IV A, B, D, and E, Maternal and Child Health Services Block Grant (Title V), Block Grants to States for Social Services (Title XX), State Children's Health Insurance (Title XXI), Indian Child Welfare Act (ICWA) and all other plans and programs that provide health benefits for foster care and adoption funded directly or indirectly by the United States.
For many years the Congress of the United States has miserably failed to create any regulatory legislative action to address the billions in Child Welfare Medicaid fraud.
States Medicaid Fraud Control Units refuse touch Medicaid fraud in child welfare.
I'm going to be busy.
Saturday, December 12, 2009
The worst part is there was no place for these children to go and tell.
Before you watch this video, keep in mind that all contracts with the agencies will continue, nobody will loose their license, and this all happened with your hard earned tax dollars.
The Child Welfare industry needs to be regulated, now.
I say this because child welfare has been notoriously ensconced in the shadows of child abuse prevention public awareness campaigns since its conception to never be recognized for what it truly is: an industry.
Of course, many will automatically stand up to defend such assigned moniker, but that is exactly what child welfare is, an industry.
An industry is generally defined by stock analysis, is production orientated.
The actual stock is not the child, but the legal grant of guardianship of the child, because whoever has been granted legal guardianship and/or custody becomes the benefactors of the interests of the child. An easier understanding can be seen in the child tax deduction credit. If the child is in foster care or a full ward of the state through termination of parental rights, there is no usage of the child's Social Security number by the "previous guardians." In instances of adoption, the child is assigned a new Social Security number.
As society invests in the "best interests of the child" to garner a profitable return of a future tax-paying and productive citizen, the basic laws of perpetuity apply.
Let's rewrite the equation using quantitative variables:
PV is now Social Security Number Value (SSNV);
A is now Medicaid (M); and,
r is Aging Out (ao).
Qualified eligibility for Child Welfare Services is determined by the poverty means tests pursuant to Social Security Title IV-A. Simply put, foster care and adoption services were specifically designed for poor children.
Poverty has been codified as the crime of neglect throughout the States as the failure to provide for the necessary needs of the child. Where the only means for a child who is poor to access medical or any other form of specialized services is through entry into foster care, the child is, therefore, abused upon the eligibility determination of Medicaid.
Child abuse is not limited to the inability to afford medical resources. Child abuse is Medicaid fraud.
Child abuse manifests in its truest form through fiscal analysis of the industry of child welfare.
The major sector of the child welfare industry is protection of its fiscal and administrative operations. Since there is no accountability and transparency, meaning there is absolutely no regulation (i.e. contractual debarment, sanctions, revocation, prosecution), child abuse, or rather Medicaid fraud, waste and abuse thrives.
Medicaid fraud abuses poor children, on multiple levels. Once a child is classified as special needs, there is justification for scripting of antipsychotic medication. Children who are under the auspices of a state are eligible to become human research subjects for antipsychotic medication, also. By prescribing a child with antipsychotic medication, the cost of care has increased, substantially. This type of activity is validated in what is called investing in the "best interest of the child."
Stop Medicaid fraud and save a child.
For the only source on Medicaid fraud in child welfare, keep coming back, because I am an original source.
Congressional Budget Office Cost Estimate of H.R. 6893 Fostering Connections to Success and Increasing Adot...
Wednesday, December 9, 2009
The site provides the opportunity to participate by inviting public suggestions with an email address: email@example.com
So, I engaged. Here is the email I sent:
Why is a governmental entity making policy and policy recommendations based upon publications that are not fully accessible to the public? Limited critical discussions in the field of child welfare, as everything is centralized in the field of social work, along with having the public "pay a toll" to access the source, leads one to believe the data are suspect.
I await your response to engage in critical discussions.
In the spirit of democracy, celebrating dissent, I will be publishing the entire discussion with Children's Bureau Express (if they even respond), because a theory is only a theory if it is allowed to be robustly tested and stand the test of time.
So far, Freedom of Information Act exclusions and exemptions have hog-tied critical analyses of child welfare policy in the United States.
Monday, December 7, 2009
The Administration for Children and Families (ACF), Office of Head Start, has embarked on a nationwide review to assess Head Start grantees that have applied for additional funding under the Recovery Act.
The Head Start Program is funded directly through federal grants. For the fiscal year 2009, ACF awarded over $47 million to Detroit's Head Start and Early Head Start Programs.
The federal review revealed questionable reporting activities that did not comply with federal mandates, possibly jeopardizing additional Recovery Act funds. Detroit requested an additional $4.8 million through the Recovery Act for 2010.
The City responded by agreeing with the recommendations and asked ACF to take into consideration its financial condition.
Even though funding is separate, Wayne County is experiencing similar auditing challenges in its children and family services and juvenile programming.
State of Michigan Auditor General reports have questioned the operations of Wayne County Children and Family Services and Juvenile Services. The most recent state audit questioned all claims of the county.
The Detroit is one of five cities under federal investigation for Medicare and Medicaid fraud.
Targeted Case Management, a Medicaid program, is one of the largest funding sources for foster care, adoption and juvenile services. The Michigan Senate has recently acknowledged "on going and large scale Medicaid fraud" with the introduction of a bill for a state Medicaid Inspector.
Saturday, December 5, 2009
There are times where I find the actions of the Senate to be so breathtakingly lacking of any form or essence of sagaciousness that I am left speechless.
This is one of those times.
Please, I would like someone, anyone, to answer this query:
Why would the Legislature champion a bill where the Court has already made a law, to ask the Governor to sign into law, thereby certifying ultra vires judicial activities?
Is it to authorize revenue-maximizing fraud schemes?
Sine die, sine die, sine die.
For those of you who do not catch what is going on here, let me break it down:
The Court does not make law, but they already did.
The Legislature is attempting to engage the Governor in unconstitutional activities.
The Superintendent is not elected nor appointed yet represents the state with more power than the Governor.
The fastest way to cover-up child welfare fraud in a state is to pass a law like this.
Wednesday, December 2, 2009
Unfortunately, Department of Community Health, has neglected to address the prevailing issues surrounding fraud, particularly in child welfare, once again.
The state has distracted the public from stopping Medicaid fraud by dangling yet more shiny trinkets of policy initiatives.
Legislation has been introduced for the creation of the position of a Medicaid Inspector General and has been recommended for passage, but this does very little to address the aberrant billing and revenue-maximizing schemes institutionalized in child welfare.
There is no way the bill will ever make it out of this session of the Michigan Legislature as it has been positioned to die before it ever makes it to the desk of the Governor and this is a good action. If the Governor would to sign law to the creation of a Medicaid Inspector General, this would be a state mea culpa in the blatant public admission of failing to aggressively stop Medicaid fraud, leaving the state open to another percipitous adjustment of the Federal Funding Percentage.
Until Medicaid fraud in child welfare is openly discussed on a national level, policy initiatives such as these will continue to sweep the problem under the rug by the straw broom of state legislation.
I don't know, maybe the Michigan Medicaid Inspector General is going to be just as effective as the Michigan Department of Human Services Inspector General, where it states:
"All investigations found to contain the elements of fraud are forwarded to the appropriate authority for criminal disposition or are sent to the appropriate area within the Michigan Department of Human Services for administrative action."
TRANSLATION: "ALL INVESTIGATIONS FOUND TO CONTAIN THE ELEMENTS OF FRAUD ARE FORWARDED TO THE APPROPRIATE TRASH CAN FOR DISPOSAL OR ARE SENT TO THE APPROPRIATE AREA WITHIN THE MICHIGAN DEPARTMENT OF HUMAN SERVICES FOR SHREDDING."
For more information on how to create public relations campaigns to cover up Medicaid fraud in child welfare, contact the American Psychological Association or the Women's World Summit Foundation.
Monday, November 30, 2009
Then there are state audits all over the nation identifying fraud.
It is such a simple task for one to stand and call out a problem, but such a grand endeavor to create a solution and present it.
Michigan Senators have sadly attempted to generate a solution to Medicaid fraud in child welfare. The policy offering was so embarrassingly pathetic, it has become a billboard announcement that the state is not doing what it receives federal funding for.
Then, I found logic in a viable solution that is feasible.
The U.S. patented devices and process is called BIOCLAIM™.
Without providing a lecture on biometric technology, I will cut to the chase and provide an except from the website:
The problem is healthcare fraud. Phantom billing, up-coding, card swapping and medical identity theft are the most pervasive types of fraud resulting in estimated losses between 60-220 billion dollars per year.
Other biometric and smartcard company products do not offer a complete solution to healthcare fraud. Most products rely on the front desk to stop a fraudulent transaction. BIOCLAIM™ removes the reliance on the people who are often part of the fraud and creates an auditable technological record.
BIOCLAIM™ is the solution to healthcare fraud.
BIOCLAIM™ is a comprehensive solution to healthcare fraud.
It was at this point I was brought to my knees in the brilliance of the the perfect solution to Medicaid fraud in Child Welfare.
Up until this point, there has been no possible way of conducting a proper audit or examination of the child welfare industry for the following, very simple reasons:
(1) Any matter dealing with a child is protected, or rather excluded and exempted, under Freedom of Information Act statutes. These matters extend from the actual child's identity to the administrative and fiscal operations of a child welfare agency.
BIOCLAIM™ SOLUTION: Each child is assigned an unique coded identifier as is each individual rendering service. Data can be aggregated in time intervals, geographically stratified, just to name a few quantitative methods, to examine the internal operations of a child welfare agency.
(2) Non-profits, 501(c)3's or "That which operates in the name of God" for example, even though they are regulated by the state through licensing, are not audited and are not subject to full disclosure in reporting on 990s nor are these organizations obligated to generate annual reports. In short, there is no Continuous Quality Improvement (CQI) nor is there universal language or policy in operations.
BIOCLAIM™ SOLUTION: The reports could be automatically generate from data, automatically providing transparency, better allowing accountability.
(3) The privatization of child welfare has given birth to the infectious growth called Medicaid fraud. These are Quasi-Governmental-Organizaions (QGOs). Privatization has made it virtually impossible for states to contractually debar, sanction, or revoke licensing due to the inherent conflict of interest of executing the policy of the state. QGOs operate within the woven layers of immunity. This means it is difficult for the state to prosecute itself and this is why the States Medicaid Fraud Control Units do not go after, or even attempt to go after, Medicaid fraud in Child Welfare.
BIOCLAIM™ SOLUTION: Constructing and running specialized reports for States Attorney General to aggressively go after Medicaid fraud in Child Welfare would increase States Federal Funding Percentages, the recoveries could become beneficial to General Funds, and removes the inherent conflict of interest.
(4) Medicaid fraud is so perniciously pervasive that States, and Federal entities, lack the resources and sophistication to stop Medicaid fraud, let alone Medicaid fraud in child welfare.
BIOCLAIM™ SOLUTION: Fraud deterrence would pay for itself through an increase in effective and efficient services. Consumers, or to be more specific, children and guardians will have, for the first time in the history of the child welfare system, an opportunity to file a grievance and have it investigated.
BIOCLAIM™ may be be viewed as an empowering democratic tool as it allows the public, and the consumers of child welfare, to be watchdogs with a voice, furthering the end of Medicaid fraud in child welfare.
My fascination with the idea of biometrics being applied to aberrant billing in child welfare will lead me to investigate this cutting-edge technology as it is symbiotic with my work in AI, which I may present in my next post.
Monday, November 23, 2009
If this sounds ridiculous, then you have just entered the Child Welfare System in Michigan. As this is extreme and emotionally harsh subject matter for most individuals, I shall attempt to keep it in the farcical manner in which it operates.
Justice Maura, "Tartuffe" Corrigan, according to her television campaign a few years back when she was seeking a second term as Chief Justice, designated herself as the one who should be thanked for all she had done for foster care and adoption in Michigan, (her words, not mine), has once again duped the general public in believing all is well in the judicial realms of the child welfare system.
The American Bar Association Center on Children and the Law for The Child Welfare Services Division of The Michigan State Court Administrative Offices published a report on the Legal Representation for Parents in Child Welfare Proceedings: A Performance Based Analysis of Michigan Practice, was requested by Justice Corrigan for the American Bar Association to partner with the State Court Administrative Office to generate the report, but how legitimate could it have been when there was a disclaimer on the first page that stated:
The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, and, accordingly should not be construed as representing the policy of the American Bar Association.
I shall assume the views were those who wish to keep their licenses to practice law in Michigan.
The report did have some positive recommendations to improve the system such has notifying the parents of the court date before the court date.
The report addressed the bias of low survey response rates, but who the hell wants to fill out a survey when your parental rights are about to be terminated?
The survey was constructed with Occar's razor, when it reached the point where it states, "if you have not had counsel, please stop here." It would not behoove the respondents to continue detailing Constitutional violations at this juncture. Interestingly enough, there were termination of parental rights where the parents had no legal representation. Perhaps, the persons who generated the analysis did not think anyone would pay attention to it because the report was never approved by the American Bar Association.
In Wayne County, how is it one can get competent counsel to aggressively advocate for the parents, when the state has brought forth fraudulent allegations of abuse and neglect? The state, represented by the Attorney General, prosecutes the case, and in the same breath, provides for the appointment of legal counsel for the parents, sometimes. Better yet, if a parent is successful in having the case dismissed after being maliciously prosecuted, how can that parent seek legal remedy when legal aid is funded by the state?
If the parents are affluent enough to retain legal counsel, then how would they qualify to have a child placed in foster care when it is an entitlement program where one must meet the poverty means test?
Or should we ask what Michigan licensed attorney in his/her right mind would jeopardize a legal career by prosecuting state funded actors who perpetually engage in Medicaid fraud in Michigan Child Welfare in a Michigan Court?
Maybe we could wonder why the State Court Administrative Office has never found recent junior college attendees to put together training to refer suspected cases of Medicaid fraud in Child Welfare to the Attorney General Medicaid Fraud Claims Unit that Attorney General Mike Cox wants to create.
Then again, we could consider the Auditor General reports to be just a farce.
Perhaps we should all ask Tartuffe, then sit back and wait to laugh.
Michigan Parent Representation Report
Saturday, November 21, 2009
So, with that said, Justice Corrigan ran her re-election campaign of her peers for Chief Justice on the foster care and adoption platform. One of her commercials encouraged people, as it was not exclusive to Michigan, to call her and thank her for all she has done for foster care and adoption in Michigan. I am quite sure you are wondering, "What exactly has she done for foster care and adoption?" Allow me to tell you.
On a national level, Justice Corrigan has directed judges to violate their state constitutions and oaths of office in the conflict of interest of sitting on child welfare boards while hearing cases of parents challenging the termination of their parental rights and families who wish to adopt their, and juvenile justice cases, where the defendant is the child welfare agency of which the judges sit.
Justice Corrigan has given numerous national interviews promoting National Adoption Day by advocating for a defendant while the matter was before the court. That defendant would be the Superintendent of Michigan Children's Institute, William J. Johnson. He is the legal state guardian of over 7,000 children, who was never appointed, never elected. The Superintendent represents the State of Michigan and Justice Corrigan represents him in public, while she presides over the case.
Justice Corrigan, when she was Chief Justice of the Michigan Supreme Court, was the Chief Administrator of the state's Child Welfare Services Program; the same program that allowed the state to be granted SSA Title IV-E waivers as being in the top 5 of the worst systems in the state. When her colleague Justice Clifford Taylor, who historically was not re-elected, became Chief Justice, he allowed Justice Corrigan to improperly discharge his duties to oversee Child Welfare Services. The jobs they did were so poorly done, the state has just entered a ground-breaking settlement agreement to reform its system.
The settlement agreement sent out a national message to expedite the adoption of children in the foster care system, but this was not the special message...
The special message was: Adoption covers up fraud.
That's right, adoption covers up fraud in child welfare, quickly and cleanly, and Children's Rights gets paid handsomely for this scheme.
Justice Corrigan, along with Justice Taylor, averted the almost loss of 40 million dollars in federal funds, by covering up the double billing and false claims in Child Welfare Services. Then, with adoption, the documents of fraudulent billing will never see the light of day, not even by the feds.
National adoption is a national judicial scheme.
Poverty is not a crime, but fraud is. Happy National Adoption Day.
Friday, November 20, 2009
It seems Harvard is attempting to participate in the emerging field of child welfare with a neotenous authority in its approach to the MCH Data Connect Dataverse. Research methodologies in child welfare have demonstrated itself to be suspect in the lack of inclusion, or even the acknowledgment, of systemic fraud, waste and abuse, well documented by the States and U.S. DHHS OIG audits. Until efforts are taken to analyze child welfare policies through the lenses of economics and law, Harvard, including the inferior child welfare research activites of the National Academy of Sciences, will continue to perpetuate the institutional corruption of biased research publications, funded by the corrupt policies of lobbying institutions.
The audits may be laughable, but you have to understand, they are conducted through sampling methods, only providing a snapshot of what is going on as a way of triggering either full scale investigations or"suggesting" internal improvements. Also, the tools operationalized to conduct these audits were developed under the guidelines of GAAP and/or GAGAS, so, as to the ability to provide a clearer picture into what is actually going on in a public system, little is to be expected. Couple this with a lack of resources and abilities to properly conduct a full scale public investigation, you are only left with a public Kodak moment.
This is why we have the qui tam, the people's audit. Let's dust it off and use it for what it was designed to do.