Wednesday, October 28, 2009

A Michigan Medicaid Inspector General?

It seems I have an audience.

Someone has attempted to come up with a "cover-thy-ass" piece of legislation to the Peremptory Mandamus. Nice try.

Michigan Peremptory Mandamus Petition


October 22, 2009, Introduced by Senators KAHN, PATTERSON, GEORGE, HARDIMAN, KUIPERS, JANSEN, SANBORN, PAPPAGEORGE, ALLEN, BARCIA, CROPSEY and BIRKHOLZ and referred to the Committee on Health Policy.

A bill to create the office of medicaid inspector general; to prescribe the manner of appointment and qualifications of the medicaid inspector general; to prescribe the powers, functions, and duties of the office of medicaid inspector general; to transfer and assign staff and other resources to the office of medicaid inspector general; to allow for appointment of deputies, assistants, and other officers and employees as may be needed to perform the duties and responsibilities of the office of medicaid inspector general; to allow for the office of medicaid inspector general to enter into contracts; to provide access to information pertaining to the responsibilities of the medicaid inspector general; to authorize investigation into the administration of programs and operations of the Michigan medicaid system; to authorize the medicaid inspector general to review and approve contracts, policies, and procedures pertaining to medicaid; and to mandate assistance and cooperation from state and local entities and to prescribe the powers and duties of certain state departments and agencies.

The Office of Medicaid Inspector General must be housed in the autonomous and independent Department of Management and Budget. How is it the Inspector General can make internal referrals within the Department of Attorney General when there exists apparent, pre-existing conflicts of interests?

Will the referrals be made accessible to the public or will one have to make shots in the dark in hopes of qualifying for a FOIA disclosure in disseminations to the Governor?

Will there be statutory provisions implemented for whistleblowers and victims of Medicaid fraud for reporting alleged violations and requests for investigations?

Will there be an exclusionary database maintained for the purposes of contractual debarments, revocations and sanctions?

Will these cases be litigated and settled under seal of the court?

Is there going to be a public education campaign to encourage public reporting of Medicaid fraud?

Will the recovery funds be placed in the general fund or go into the Office of Attorney General Medicaid Fraud Control Unit?

Now, for the biggest question: How will the Medicaid Inspector General deal with Medicaid fraud in child welfare when the Medicaid Fraud Control Unit has never, ever gone after child welfare Medicaid fraud?

Does not the introduction of this legislation challenge the integrity of the current Medicaid Fraud Control Unit and the operational validity of the non-cognizant U.S. DHHS Region V?

I have so many more deficiencies to ID, but I will save it for a bit later. I must commend the Senators who were bold enough to introduce such a progressive measure, but, there is a alot more work to be done.

Tuesday, October 27, 2009

How To File A Child Welfare Grievance

This video is the first in a series to educate those in the legal community who are about to embark on this journey to corner the emerging market of child welfare fraud.

And this concludes a lesson in "documentation by an original source."

For more information, visit the Legally Kidnapped Help Desk.

Sunday, October 18, 2009

Artificial Dictator of Fraud

Now, what is wrong with this picture? Michigan Senate has introduced Bills 891, 892, and 893 to cover up the fraudulent activities of Michigan Children's Institute in dealing with adoption and state wards.

The Social Welfare Commission was comprised of citizens, appointed by the Governor with advise and consent of Legislature. The Social Welfare Commission would then, recommend a candidate for the public office of Superintendent of Michigan Children's Institute. The recommendation would go to the Governor to go to the Legislature for advice and consent to the appointment of the Superintendent. Once the Superintendent was appointed, the final process was to take an Oath of Office to uphold the State Constitution, which was filed in the Repository of the Great Seal.

The Social Welfare Commission was abolished in 1965 and its powers were transferred to the Department of Human Services Director.

The Superintendent, William J. Johnson, has never been appointed. As a matter of fact, he answers to no one.

The purpose of this bill is to play clean up because the Superintendent, functioning in the executive branch, was making judicial decisions in granting or denying consent to adoptions.

The Superintendent represents the State of Michigan without being elected or appointed in being the legal guardian to over 7,000 children who are wards of the state.

The Superintendent, also, can overrule decisions of other states. He is not the Interstate Compact on the Placement of Children administrator, yet he assumes the duties.

The Superintendent is omnipotent because there exists no accountability nor transparency in his activities. He is held accountable to no one, not the public, not the law, and most certainly, not to the Constitution of the United States.

The bill needs to be be revised to simply eliminate and abolish the entire Michigan Children's Institute: William J. Johnson, Mary E. Rossman and Bruce Hoffman. The only useful function of MCI is to add another layer to cover up Medicaid fraud, and various other types of federal funding fraud.

Below, is an in depth examination of just one of Michigan's revenue maximizing schemes called Michigan Children's Institute.

Amended Petition


October 13, 2009, Introduced by Senators JANSEN, HARDIMAN, GARCIA, VAN WOERKOM, BIRKHOLZ, ALLEN, PAPPAGEORGE, KAHN and GILBERT and referred to the Committee on Families and Human Services.

A bill to amend 1935 PA 220, entitled

"An act to provide family home care for children committed to the

care of the state, to create the Michigan children's institute

under the control of the Michigan social welfare commission, to

prescribe the powers and duties thereof, and to provide penalties

for violations of certain provisions of this act,"

by amending section 9 (MCL 400.209), as amended by 2004 PA 470.


Sec. 9. (1) The superintendent of the institute OR HIS OR HER DESIGNEE

is authorized to consent to the adoption, marriage,

GUARDIANSHIP, or emancipation of any child who may have been

committed to the institute, according to the laws for the adoption,


OF 1939, 1939 PA 288, MCL 712A.19c
, or emancipation of minors. On such

adoption, marriage, GUARDIANSHIP, or

emancipation, the child so adopted, married, or emancipated OR WHO HAS HAD A GUARDIAN


MCL 712A.19c
, shall cease to be a ward of the state.


shall discontinue the Michigan children's institute preliminary consent denial review



Thursday, October 15, 2009

A Coital Partnership: MI DHS and U.S. DHHS Region 5

Here is the situation:

The United States of America is based on a federalist structure, meaning states have autonomy and the federal government cannot tell states what to do. We, also, have the Eleventh Amendment, providing states with sovereign immunity.

In child welfare, there are these events called "audits". This is when the Regional Department of Health and Human Services Office, Administration for Children and Families sends down its team to conduct Social Security Act Title IV-B and E compliance reviews to see if states are properly administering the public money.

Every audit period, the Administration for Children and Families Region 5 has generated glowing reports for Michigan and the state basques in the federal radiance of operating an efficient and effective child welfare system. As soon as the federal report is published, the Michigan Auditor General comes along and contradicts everything Region 5 found.

Many, in shock and awe, may read this in disbelief and ask why there has been no action taken to stop the act of Medicaid fraud. The answer is that Medicaid compliance is not an item of review, for these audits are only for SSA Title IV-B and E. Besides, Medicaid fraud prevention and prosecution is the responsibility of the Attorney General, who does absolutely nothing because the Attorney General would have to self-prosecute. It is the question in its alternative form that is more interesting:

"Why is Region 5 finding Michigan to be SSA Title IV-E compliant?"

It's because they are all in this together. See, the administrators over at Region 5 in Chicago know they have not executed their fiduciary responsibilities to the best of their abilities.

Recently, the Region 5 Office of Civil Rights demanded response to investigation on disparities in adoption subsidies because, as the allegations point out, Michigan is providing for lower rates for adoptive minority children and denying special needs assistance to children under 2 years.

This practice only makes sense when viewed from a monetary perspective. The longer a minority and/or special needs child lingers in the state foster care system, the higher the levels of claims and the increase in frequency of fraudulent claims, for there is no one to even check. Once a child is adopted out, you have a dramatic shift in funding responsibilities for the state as the Federal Formula Percentage kicks in, leaving the state obligated to pay more out-of-pocket for the adopted minority and/or special needs child.

Then, you have Michigan Children's Institute, a pseudo-government agency, with an artificial Superintendent who was never appointed but possesses the power to grant consent in the courts while wielding the power to overrule the decision of another state. It should be noted that Michigan did shuffle and throw in new court rules to cover up one of its adoption scheme mentioned above.

Kate Hanley, Michigan Adoption Director was overheard before walking in to provide Senate testimony on the state adoption plan speaking to a few Senators "that it would be impossible for Michigan to come into federal Title IV-E compliance." It is more cost effective for the state to continue to receive a lower Federal Formula Percentage than to come into compliance. I wonder how it felt to flat out lie on public record? I would ask her but she never returns my calls or letters.

Michigan, being a state, can snub any federal mandate to compliance with Justice Maura Corrigan leading the immunity dance with her federal partner, Kent Wilcox.

So, it looks as if Michigan and Region 5 are going to continue its coital partnership, making everybody look good and continue the flow of revenue into the state. I am quite sure if anyone out of Region 5 was ever without a job, they could always work in Michigan government.