Sen.

Kline:

As the father of a lifelong YVS resident, I have been provided a copy of your
May 3, 2011 "RE: Briefing on RHCs & Community Based Care"

My summary response, in the words of your esteemed leader Nancy Pelosi:

"ARE YOU SERIOUS???"

I have never seen such a mishmash of bureaucratic double speak. I am

neither a budget analyst or a CPA, but the DSHS report is a fabrication of lies
based on false assumptions based on agenda-driven nonsense. As a simple
citizen, I comment as follows:

1. The current population of YVS is 90, approximately one half of the capacity
of 160. The residents are located in "cottages" which are modern and were
designed specifically for a "community-type" setting with the efficiencies of a
centralized administrative and logistics support.

2. The State of Washington owns YVS, free and clear. There is never a rent
payment to make, as opposed to leases with 15-30 landlords in the Yakima
area. There is also zero cost in ADA and other modifications required to turn
some residential dwelling into a "facility" for severely disabled residents.

3. The only way the DSHS staff can validate residential costs at the RHC is to
assume the State could sell the property to a developer who could erect and
sell luxury condos or some other fantasy.
4. There is no way the support costs of RHC can outweigh SOLA. How is
staffing 15-30 houses with cooks, cleaning crews, nurse assistants and the
like even possible?

5. There is no way a skilled nursing requirement could possibly cost less for
15-30 "houses" scattered over a 5 county area as opposed to the cottages,
which are separate but logistically connected.

6. I strongly suspect DSHS has managed to create this fraud by:

A. The simple expedient of downsizing the level of care from the RHCs. If
you people want to do this, then be honest and up front about it, rather than
deception and chicanery.

B. Improperly costing out YVS (and the other RHCs similarly) for the 90
residents rather than the 160 capacity. If YVS was opened to 50 additional
moderately or severely incapacitated persons whose guardians so desired,
what would be the effect on the DSHS costing analysis?

7. ALL the parents and guardians are aware of the 2004 debacle with
Fircrest, wherein 10% of the transferees died within 6 months. That lawsuit
cost the State millions. Just imagine what the next lawsuit will cost, insofar
as the State is on notice of the trauma suffered by RHC residents jerked out
of their familiar surroundings and stuck into a "lowest bid" warehouse. The
next lawsuit will probably include punitive damages against named DSHS/DDD
officials whose actions result in these predictible deaths.

8. The entire SOLA concept is a legal fraud. "Leases" are signed by persons
declared incompetent by the courts. "Banks accounts" are created for
persons without any concept of money. The "social concern" by hopelessly
incompetent bureaucrats seeks to "recognize the dignity of citizens" who
cannot recognize the very cultural aspects they are presented with. Any
attempt by any State official to have my son sign any legal document will
result in an immediate appearance in civil court, and a citizen's arrest for
fraud, followed by a lawsuit in Federal court for civil rights violation.

9. Your comment that: "And again, this whole conversation is only about the
costs, leaving entirely un-addressed the notion that individuals ought not to
be institutionalized when their needs for habilitation can be met in a less
restrictive alternative" followed by the Olmstead citation, is disingenuous. As
you are well aware, the Supreme Court, at page 601-602 of the decision,
expressly recognized that there are individuals whose needs cannot be met in
the community and such persons cannot be expected to transfer. That,
Senator Kline, is the type of individual still resident in the RHCs. Those who
can be expected to function in the community are long gone.

10. As a lawyer, not only am I unimpressed by the bogus accounting, but I

have a latent urge to look forward to a lawsuit, just to put DSHS and DDD
through a discovery phase that would be very enjoyable.

In 1994 I had an extensive discussion of the RHCs with Senator Wojahn, a

family friend. I did this after an extensive visit to the Yakima area SOLAs
which I was being urged to place Brian in. I was shocked at the blatant
illegality of the "lease to residents" concept. Sen Wojahn readily admitted the
illegality of the SOLA operation, but felt that it was a necessary social
experiment that would be dropped when proved unworkable. At that time I
had also visited Fircrest, since we were considering transferring Brian to the
Seattle area. I commented that it seemed that the Fircrest campus would be
ideal for situating not only the RHC, but co-locating extensive community
resources for the DD community, even to using some of the staff. Sen.
Wojahn agreed, but said that political pressure was on to close Fircrest in
order to make the land available to development concepts.
In closing, I wish to say that the DSHS report has no credibility for the simple
reason that Secretary Dreyfus has openly stated that she wants the RHCs
closed even if there were no savings. Given this directive, the DSHS staff
minions can obviously serve her ideology by the usual bureacratic
fabrications. There is no way that state-owned institutions designed for a
purpose cost more than leased premises subject to marketplace cost
fluctuations. Publish all the reports you want; but if it looks like a duck and
quacks like a duck, don't try to sell it as an eagle.