Fact Sheet on HB1382
Representative Jack Ladyman has sponsored HB1382, which requires state oversight and reporting of Disability Rights Arkansas (DRA), an independent, non-profit organization that receives no state funding.
DRA does not currently receive state funding. DRA is federally funded to perform our federally mandated duties. While DRA is more than willing to meet with any member of the legislature or other state officials to discuss the work we do and the findings of any investigation we conduct, we are mandated by federal law to remain an independent organization.
HB1382 was heard in the House Public Health, Welfare and Labor Committee on Tuesday, February 11th. DRA Provided testimony in opposition to the bill and why it was not necessary. The bill was amended in committee and unfortunately, we did not see the amendment until we were testifying before the committee.
During the discussion of the bill in the House Public Health Committee, the sponsor and others stated that this bill was necessary due to things they had heard from guardians of people with disabilities in institutions about the way we conduct monitoring and investigation activities in those facilities. However, section a (1) of this bill would limit our reporting only to our activities in community settings. If the bill is necessary because of our activities in institutions, we question why that aspect of our work is being specifically left out of any potential reporting we would have to provide. Page 2
DRA opposes HB1382 for the following reasons:
- HB1382 subjects our organization, a private legal services organization, to the Freedom of Information Act.
- Under this bill, DRA will be required to submit biannual reports to the Hospital, Medicaid, and Developmental Disabilities Study Subcommittee of Legislative Council and Governor focusing on our work advocating for all individuals with developmental disabilities who live in a home and community-based settings and not a facility.
- The additional report is an added burden on resources, as DRA would need to develop two additional reports to satisfy this requirement.
- The additional reports are not defined or limited in the text of the bill; they could be something entirely different than the five yearly reports we provide to our funders currently.
- This bill will also require DRA to: “Provide information requested by the Hospital, Medicaid, and Developmental Disabilities Study Subcommittee of Legislative Council to the Hospital, Medicaid, and Developmental Disabilities Study Subcommittee of Legislative Council at the earliest opportunity but no later than the date designated by the Hospital, Medicaid, and Developmental Disabilities Study Subcommittee of Legislative Council.”
- “Information” is not defined and thus, there are no parameters to what the subcommittee may request.
- The timeframe in which DRA must fulfill requests is not specified and could lead to unreasonable demands.
- Members of Families and Friends of Care Facility Residents (FF-CFR) are working closely with Rep. Ladyman to investigate the activities of DRA due to our recent efforts to expose the failures of the state-run large Intermediate Care Facilities (ICFs) or Human Development Centers (HDCs) to properly investigate abuse and neglect and to implement policies and procedures that will prevent further abuse and neglect.
- The FF-CFR is a group largely made up of the guardians of current or previous HDC residents. DRA respects this group of concerned guardians and advocates but feels that they fundamentally do not understand DRA’s current goals.
- DRA does not advocate for the closure of all HDCs or institutions. In 2015, DRA advocated for the closure of Booneville HDC due to the excessive use of restraint and the dilapidated condition of some buildings at the HDC at that time. Concluding that a particular facility is so unsafe and resistant to residents, based on a thorough investigation and extended monitoring, is not the same as indiscriminately calling for the immediate closure of all facilities, as is being alleged. Booneville HDC did not close and is, in fact, currently expanding. Since the 2015 report, DRA investigations have identified at least three deaths attributed to neglect, restraint, and medical neglect at Booneville HDC. In recent years, DRA has advocated for better conditions at the HDCs.
- DRA has never filed legal action against any of the HDCs, as had been previously stated by the bill sponsor and FF-CFR. The Department of Justice filed legal action against Conway HDC in 2009. DRA had no part in this.
- FF-CFR has publicly expressed concerns that DRA is not respecting guardian wishes, however, guardians with concerns about our work have only contacted our agency directly a few times over the last several years. In contrast, DRA has spoken to many guardians who have alleged maltreatment at the HDCs, which we thoroughly investigate, as federally mandated. Due to the lack of community supports, most of these residents remain at the HDCs and thus, some guardians we have worked with are hesitant to “speak out against” the HDCs for fear that their children will be removed or retaliated against. DRA is also limited in what we can release due to federal regulations and privacy concerns.
- The FF-CFR is a group largely made up of the guardians of current or previous HDC residents. DRA respects this group of concerned guardians and advocates but feels that they fundamentally do not understand DRA’s current goals.
Conclusion
We not only investigate state-run facilities, but we also monitor and conduct investigations into abuse, neglect, and exploitation in private facilities as well as home and community-based settings. We also work all over the state for people with disabilities in ways that have nothing to do with abuse or neglect, such as assisting parents with special education issues, helping people navigate the state’s rehab services agency and obtain employment, and working to remove barriers to access across Arkansas.
DRA wants to engage in meaningful communication with policymakers. In the past, we have provided information to legislators, DHS staff, and members of the Governor’s staff. HB1382 is not just about sharing information on the work we do, it imposes duplicative and vague reporting requirements that would take away time and resources that we could be using to fulfill our mandate of advocating on behalf of all people with disabilities in Arkansas.
