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Below is the HillCo client report from the June 24 and 25 Sunset Advisory Commission hearings.

The following report focuses only on testimony regarding the Department of Assistive and Rehabilitative Services.

Opening remarks from Sunset Staff

  • This is the first step for the HHSC agency review
  • Started October 1, 2013
  • Recommendations are designed to be about the functions of these agencies
  • There is a lot of misinformation going around about these agencies – encourages everyone to look back at the Sunset report closely
  • Sunset staff are not the experts
  • They don’t think that all the SSLCs should be closed – they have been receiving a lot of calls saying that
  • What is in the report are recommendations to do what is best for the state – the decisions are the Commission’s job
  • The recommendations include some emotional issues, but they are what is best for the taxpayer

 
DARS Sunset Staff Presentation

  • There have been operational and management problems in the past
  • 4 agencies in 2003 were consolidated into DARS and they still work in silos
  • Duplication is a waste
  • Recommend integration of the blind and rehab divisions while maintaining current level of services
  • DARS needs more direction for caseworker decision making
  • Outsource independent living services, fund and evaluate services by the center
  • Nelson – we have to be successful in bettering management structures before problems can be addressed
    • Frustrated with the lack of strategic vision last session
    • Have there been improvements since then?
      • Have seen the commission and team moving in the right direction
      • New rulemaking
      • Need for more formal mechanics to keep track of performance
  • Hinojosa – in the past we have had management issues with TXDOT and DPS and they have gotten better – it is a challenge for such a big agency to combine and integrate to avoid duplication
  • Burkett – 60% of the agency staff are in the field offices – what percentage provides direct services?
    • Agency better equipped to answer that
  • Schwertner – why do very few of the recommendations have deadlines?
    • There is a mixture – a subjective process
    • They can put compliances on everything but they don’t do it all the time because Sunset has the ability for a 2 year follow-up
    • They used more firm deadlines in DARS, but the commission just needs to tell staff if they would like more deadlines implemented
  • Schwertner – the bill that consolidated agencies in 2003 had no timeline for integration of operations
  • Luce – need metrics to evaluate the performance of staff
    • What is a reasonable deadline to evaluate the performance of staff?
      • It is a management action, so it would have to happen after the commission approves recommendations
      • Need to speak with the agency to see what they think is reasonable
      • Standard expectation is 2 years
  • Price – Why was early childhood intervention addressed in the report?
    • There have been many changes to the program in recent years, and they didn’t want to impose additional recommendations so they could avoid complicating changes that were made last session that are currently underway
  • Price – How stable are the 27 independent living centers?
    • Robust services – a Rider in SB 1 instructed DARS to evaluate the centers
    • DARS would take on a training function under the recommendations to increase the services
  • Dutton – we are our own enemy – we force agencies to consolidate and they never figure it out
    • We need legislative follow through to ensure integration
  • Nelson – there has been some very effective integration – she doesn’t want to be in the position of managing an agency but they need to stop operating in silos
  • Schwertner – Why is the autism program not referenced?
    • The agency is doing a lot of work currently on the program based on a Rider from last session
    • Worries the oversight of funds for both the autism program and the comprehensive rehab program are at the discretion of the commissioner
  • Simmons – is it an unusually long time to take 6 years to make rules for the autism program?
    • It is embarrassing
    • Staff believes that they are in the process to make rules to be able to serve more individuals
  • Nelson – why is the program not under TEA?
    • The direction from the governor was to create the program at HHSC
  • Nelson – it bothers me that we are only serving 200 children, even if we are doing a fantastic job
  • Schwertner – Need to get DARS out of under direct provision of independent living services – all provided by CILS
    • There is a Rider to be the provider of last resort, but they still maintain 22 FTEs

 
DARS

  • Rhonda Durden, DARS Commissioner
    • Took office July 1, 2013
    • 3000 employees, 90% directly work with consumers
    • Agrees with the recommendations but need to take into account the changes that are already underway
    • Integration must maintain quality and ease of access to jobs and housing
  • Schwertner – do you agree with recommendation #1?
    • Need to be careful  in dismissing a model that is working
    • The process has proven the test of time with blind services
  • Janek – there are not enough CILS to reach everyone, but DARS contracts with them to avoid duplication of services
    • We can pull this off in areas without CILs
  • Schwertner – how will the consolidation of field office work with the deadline of 2022?
    • Tapering off as leases expire and co-locating  offices
  • Schwertner – have there been previous attempts for recommendation #1?
    • There was a recommendation in ’99 but no pilot project or big effort for integration
  • Price – what are the advantages for consolidating offices?
    • Co-locating gives one door for clients to go through for all services, using best practices and increasing communication between staff
  • Price – counseling services 1 on 1 currently at CILS?
    • Envision evaluating CILS and in rural areas with no CIL and NP they will still have the staff capacity to serve those communities – will provide resources to get CILs ready to treat consumers
  • Price – TEA and WFC have programs to help access jobs, how is DARS distinct?
    • People who have disabilities have problems gaining and maintaining employment – DARS helps to identify specific opportunities
    • Can it be done without DARS assistance?
      • Many need help with the transition due to disabilities
      • “Project Search” gives on the job training before graduation to prepare individuals for going out in the real world
    • Funding from the Department of Education, regulated by federal partners
    • DARS gets individuals back to independent living
  • Nelson – concerned about a program where caseworkers are out in the field without proper training
  • Birdwell – are the offices that are going to be closed rented or state owned?
    • Mainly leased
  • Birdwell – what is the largest challenge integrating services for blind with other disabilities?
    • Sunset identified
  • Birdwell – will the offices be integrated regionally?
    • For example in Waco there is an office for rehab services and another building for blind services – plan on combining on a regional level
    • Is there any need to do cross coordination on the state level?
      • Yes, allows to take a step back to look at staffing chart and shift as necessary
      • Needs to be a thoughtful process
    • Can DARS provide services for Vets by coordinating with TVC since the feds aren’t doing a good job right now?
      • Yes, currently provide services and have a strong partnership
  • Janek – HHSC has services and they are reaching out to Vets
  • Hinojosa – Janek, what are your suggestions for integration?
    • HB 2292 – needed integration on contract management
    • His job as head of the enterprise is to monitor and integrate
  • Simmons – what are the new autism program rules timeline?
    • Effective September 1 of this year
    • Will be bringing a more robust ask for funding this session to reach more children
  • Simmons – do you feel like you have staff that are experts in this area?
    • Yes, we have a great team
    • Do you have any collaboration with non-profit autism programs?
      • Working with UT
    • Do you understand that people do not age out?
      • Anyone can apply to the program if they are a Texas resident
    • Janek – we would like even more direction from the legislature on this – this program is different from all others
  • Price – Talk about the plan to contract with CILs by the end of 2017?
    • Possible to be completed sooner
    • 2017 is realistic because capacity needs to be built to meet the needs of these consumers and DARS will need to conduct significant training

 
Public Testimony
 
Regina Blye, Executive Director, Texas State Independent Living Council

  • HHS should stay in line with the Rehabilitation Act of 1973 and follow SILC’s state plan expected to be completed in 2017

 
Sara Bitter, Project Analyst, Texas State Independent Living Council

  • Centers for Independent Living have a diverse revenue stream of resources – only 5of the 15 centers receive state general revenue funds
  • CILs contract with other state agencies to provide services beyond their primary care

 
Mary Kendrick, Abilene Chapter President, National Federation of the Blind

  • Opposition to the consolidation of DBS and DRS considering services will no longer be provided at the highest quality
  • DBS has provided her family (i.e. sister and granddaughter) with intensive specialized training to prepare them for a normal lifestyle

 
Mike Vandervoort, Abilene Chapter, National Federation of the Blind

  • Family members have personally benefitted from DBS and TxDOT 
  • CILs allow for individuals to integrate into the community – there is a wide array of possibilities for expansion
  • Federal authorities should employ state contractors with disabilities to increase job growth
    • TWC and DARS should develop a common budget approach to implementing this job growth opportunities – TWC needs more funds

 
Louis Mahr, Houston Chapter President, National Federation of the Blind of Texas

  • Oppose Section 1 (DRS and DBS consolidation) considering blindness training can take several years to become a qualified attendant – DRS services require much less training
    • Separate agencies will provide more attention to its patients
  • Oppose Section 3 (DARS outsourcing independent living services to CILs) considering living services will be difficult to access based on proximity
  • Visually impaired elders are increasing in the population and should receive greater funding instead of cutbacks

 
Glen and Norma Crosby, President, National Federation of the Blind

  • Blind consumers served by a separate agency offer the best opportunity for the population to become competitively employed – oppose recommendations 1 and 3
  • CILs do not have the complete services or staff to provide for all blind Texans
  • taxes should be spent on separate defined services for the blind

 
Kendall and Nicole Lycee, Blind Twins, Realtrex

  • DBS and DARS merger would not provide children with the individual services they need to be successful academically and socially

 
Texas Association of Center Independent Living

  • Embrace opportunity of recommendation 3
  • CILs represent people with all disabilities – including the deaf and blind
  • Transportation is a major barrier that CIL have recognized and steadily improved

 
Neva Fairchild, Independent Living Associate, American Foundation for the Blind

  • Programs and agencies for the blind that have been combined in other states have failed for people with specific needs – oppose issue 1 and 3
  • DARS best practice encourages those working with the blind be ‘familiar’ with blind disability instead of fully equipped to work with blind individuals
  • 1 in 6 over people age 65 have struggles with performing their daily activities; 1 in 10 receive services for the blind nationwide

 
Roger Chan, Former Public Manager (lost leg)

  • Missing limbs prevent individuals from performing daily activities
  • DARS clients should share limbs as individuals grow out of them to save costs and resources
    • Chairman Jane Nelson was greatly interested in idea and committed to making it happen

 
John Mikowski, ARCIL

  • Kansas has 1/16th of the population of Texas and has recycled over $1.6 million of equipment to share between independent living services – Texas should do the same

 
Linda Lissinger, Observer

  • DARS should standardize vocational support – offices must pay for differing services to serve individuals with more than one form of a disability

 
Kenneth Semien, Beaumont Chapter President, American Council of the Blind

  • Parents should be informed of the opportunities they can provide their children through more accessible information and programs – consolidation would be a step in the opposite direction

 
 
Bill Agnell, Former Special Assistant to the Assistant Commissioner, DARS

  • Opposition to recommendation 1 – DBS serves more individuals that are blind than any other state in the nation
  • California recently merged these agencies and are only able to serve half of the population with lesser wages for their staff

 
Michelle Owen, TRANS

  • Best interest of consumer and taxpayer is to keep DARS and DBS separate to cater to each disability’s population
  • DARS provides a great return of investment to its clients – every $1 provided to DARS returns $9 back into the community

 
Paul Hunt, Austin Council of the Blind

  • Individuals with disabilities have the risk of being socially isolated at independent living centers
  • Travel, communication, and living standards are all at risk

 
Tanya Lavelle, Senior Manager of Advocacy, Easter Seals Central Texas

  • Easter Seals supports the closures of state supported living centers based on the increased need for independent living centers

 
Nancy Toelle, Chair, AVIT

  • Rigorous staff training for the blind would be lessened if DARS merged with DBS

 
Texas Traumatic Brain Injury Advisory Council

  • Sunset Committee failed to mention brain injury rehabilitation within its DARS recommendations
  • Returning veterans have increased the number of Texans with brain injuries – there needs to be a more serious focus on these individuals

 
Chelsea Nguyen, Texas Rehab Action Network Volunteer

  • DBS help the whole person while addressing each consumers dominant blind disability

 
David Myers, Association for the Deaf and DARS

  • Association for the Deaf successfully merged with DARS and still manages to provide specialized services to its deaf population

 
Bob Kafka, ADAPT Texas

  • Administrative dollars could be spent wisely in a more integrated system of all disabilities
    • A pilot program of DARS and DBS facility integrations should be conducted to see how recommendations are set through
      • Senator Hinojosa – how can blind and deaf staff be combined?
        • You do not integrate specialized staff but you can have broad oversight administration integration.
          • Brain injury and cognitive mental health professionals provide similar services across agencies
  • Cost containment does not allow specific limitations on how much can be spent per consumer

 
Kimberly, ADAPT volunteer

  • Personally involved in the DARS program and did not receive the best care even though the counselor was aware of the situation
  • Her disability was not properly identified or supported