DDSN chairman expresses frustration with Senate, news coverage

COLUMBIA — The chairman of the state's disabilities agency says the agency is being forced to be "punitive" to providers, in an approach that will only cause providers to become less interested in taking in those with intellectual disabilities.

Bill Danielson, chairman of the South Carolina Department of Disabilities and Special Needs Commission, expressed his frustration during last week's board meeting and confirmed his remarks later with The Greenville News.

Danielson's chief concern was the questioning of DDSN Executive Director Beverly Buscemi last month by a Senate budget panel chaired by Sen. Thomas Alexander, a Walhalla Republican. He said the agency was in effect "slapped" at the meeting, which he attended.

DDSN cares for thousands of people with intellectual disabilities, autism, brain or spinal cord injuries through a network of state facilities, county providers and private providers offering multiple programs ranging from day services to group homes.

During Buscemi's two-hour testimony, Alexander peppered her with questions and suggestions concerning the agency's oversight role, including over SC Mentor, a private provider that was the subject of a state inspector general report this year. He also suggested the agency provide local lawmakers with copies of its internal audit reports of county disability agencies so they can be aware of any problems.

The News in October reported that in more than half of internal audits conducted by DDSN during the past three years, dozens of county disabilities and special needs boards were cited for failing to properly manage the funds and property of consumers, the term used to describe the disabled who receive services from the agencies.

The internal audits also cited many boards for sloppy financial management, including personal use of board credit cards, inadequate cash and inventory controls and spending issues.

"Obviously, there is more work that needs to be done and we're going to have to explore more to see what that needs to be," Alexander said after the budget meeting.

The News reported in July that documents, interviews and recordings obtained by the newspaper revealed that SC Mentor had a troubling record of resident deaths, staff arrests, lawsuits and allegations of abuse and neglect. The provider holds a contract valued at almost $20 million and cares for about 200 DDSN consumers at more than 70 residential facilities.

DDSN froze admissions to Mentor in March, the third time since 2010, after The News began raising questions about the quality of care in its facilities. Alexander, during the meeting, likened the freezes to a "slap on the hand."

Some lawmakers have voiced support this year for placing the agency in the governor's cabinet. Currently, the agency is overseen by a board appointed by the governor.

Danielson said the message he heard coming out of the Senate hearing was "even though we have a lot of oversight in place, we're not punishing our providers enough, that is the bottom line."

"The only way you can be punitive is to take money away from providers, which takes money away from consumers," Danielson told The News concerning the idea of fines. "Which is a no-win situation. We're going to do what we're being asked to do, which is provide audits to the legislators, provide all the documentation."

Last week, Danielson said he was speaking for himself, not the agency or commission but was unhappy with the Senate hearing, describing some of the questions to Buscemi as "intolerable."

"It was an embarrassment to our executive director," he said Tuesday. "She'll never say that. But I'll say that. To sit there and some of the insinuations and the direct questions, I found appalling, frankly."

Alexander said he did not think any of his questions were improper or intolerable, and were not intended that way.

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"My concern is for the clients served by the agency," he said. "Certainly providers are very important in the communities. They are partners to some extent but there also has to be a division there that they hold the providers accountable for the work they contracted with them to do.

"I'm not interested in doing things that will become a burden to the providers. But at the same time they are responsible. So there has to be a balance."

Danielson last week said he felt oversight now at the agency had reached a point where it was "over the top" and that the agency would have to agree to the directives of senators to protect the agency's funding.

"Frankly, I’m tired of seeing my name in the paper," he said, according to a recording of the meeting. "I have no control to change it. We’re going to change it. We’re going to change it. My daddy taught me a long time ago that crap flows downhill. They want it. A leading proponent in the Senate wants it and we’re going to give it to them. And we’re going to deal with those things that need to be dealt with.

"And if the governor does not want me to serve on this commission, I’ll happily step down at her request.  I work for her. I don’t work for the Senate."

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He talked about the need to raise the base pay of direct-care workers, which he described as "unconscionable."

Buscemi said last month the agency is asking for $33.7 million more in next year's budget, $10 million of it to increase pay and improve retention of workers. She said the agency is competing with Walmart and McDonald's for workers and at those companies "you don't have to change adult diapers."

Danielson last week urged providers to contact lawmakers if they are unhappy about any changes.

"We want to help you," Danielson said at the meeting. "We want to be partners with you. But this negative stuff is going to put a wall between us. We know you are partners. We don’t want to turn around and fine you or withhold funding for something incidental and the outcome never really changes.

"We had this discussion this morning in audit (committee). We get hammered on things but the outcome never changes. Somebody checked a box that somebody did something wrong. We know that. We’re on your team. You need to take that argument to the higher levels."

He said the agency cannot just fine for-profit providers, and if a fine system is implemented it will have to be for all providers — a development that could prompt providers to refuse to take in some of the more challenging consumers.

"I for one, Bill Danielson, I am not speaking for the commission, am fed up with it," he said. "I’m going to do whatever I have to do to make our legislators and our governor happy. And that is to the detriment of my relationship with other commissioners and our executive director."

He also took aim at negative publicity about the agency during the meeting, though not mentioning The News by name. The newspaper has been reporting stories about Mentor and the agency throughout the year as part of its coverage of the state's system of caring for vulnerable adults.

"Anybody read an article about how well we handled Hurricane Matthew?" he asked. "Not a damn thing. Nothing. Where’s the positive impact of that? Hundreds and hundreds and hundreds of consumers moved all over the state. Great job, great work everybody. Not a peep."

Danielson said the agency is not hiding anything, pointing to a new online site that is to be running next year that will show ratings of providers.

He said providers are now afraid of getting their names in the newspaper and are more hesitant about taking more vulnerable adults.

"Even if we could have moved the Mentor people, where would we move them to?" he asked. "Eighteen months ago we had a shot to move them. Now we have no shot."

So he said the commission voted unanimously last week to open six group homes the agency will manage directly to care for "Mentor-like consumers."