This is a comment I posted which was immediately removed on the Detroit News article: Lax home-school laws put kids at risk
Michigan must understand that it must begin to distance itself from its current child welfare system, for it has proven to the public that it is fully dysfunctional.
Instead of perpetuating a mindset of injecting more power and authority in a system that is devoid of any regulation, itself, let's look at alternative solutions:
In order to even begin to open discussion to address the issues with homeschooling, the state must stand up and admit that these anomalies of the most extreme and horrific situations of malice to children happen under the auspices of the state.
Even though the Office of Children's Ombudsman advocates for children, it possess relatively little authority to effectuate any advocacy for children.
Not all complaints filed with the Office of Children's Ombudsman are accepted as they must make it past the intake officer, one singular individual makes "on her feet" decisions whether to accept a complaint.
Next, if, by chance, a complaint makes it to the decision process whether or not to initiate investigation, the Ombudsman can, with arbitrary and capricious decision making powers, deem the complaint "Valid-Not-Opened". This means there were violations substantiated, but the Ombudsman will not take any action.
Then, when the Ombudsman finds violations of federal and/or state law during the course of an investigation, the Ombudsman, being mandated by law is suppose to refer to the counties prosecutor or the Attorney General.
Not one referral has ever been made in the history of the state.
Assumptions can only be made that if, referrals were made to the Attorney General, as he is the proper venue in dealing with Wayne County as the Attorney General prosecutes all child welfare juvenile cases, the Attorney General would have to animate its Medicaid Fraud Control Unit to proceed with the investigations of violations, prosecution and recoveries of Medicaid fraud.
The Attorney General Medicaid Fraud Control Unit does not and will not touch Medicaid Fraud in Child Welfare. The largest component of funding in child welfare is what is called Targeted Case Management, a Medicaid funded activity. It should also be noted that Michigan is the only state that does not separate its Medicaid expenditures when reporting the amounts spent on children and those amounts on adults.
Another area of Medicaid in child welfare with service providers. It is impossible to validate whether the services were actually provided to children in foster care, adoption, or juvenile justice or if the services were provided by phantom organizations.
With the few examples that have been provided, it is quite evident that the policy recommendations of the Office of Children's Ombudsman should be scrutinized.
Home Schooling Regulation Alternatives
Cyber Schools: The factory school model has been in decay, as evident in the career opportunities in the state. The focus needs to be in technology .
Michigan has already demonstrated its ability to accept innovation in its educational system. This can be seen in the surge of online schools. If a child is not able, for whatever reason, to attend a traditional classroom setting, the child may then be enrolled in the school district in its cyber school program.
The child can then be provided computers, equipment and internet access, all at the expense of the school. The child can then be provided in-home services through visits with mentors, teachers, case managers, and any other professional that can assist the child with their learning objective.
This type of schooling opens multiple federal funding opportunities that can provide resources to encourage the successful progress of the child's education without the intrusive and dysfunctional operations of child protective services.
The child, enrolled in the cyber school, can then be included in the school district student counts, allowing an increase in funding. That increase in funding is coupled with the fact that schools do not have to maintain physical buildings and fixed costs of operations.
Simply put, it is cheaper to buy a child a computer than to maintain a building.
The child's grades and progress are then monitored and recorded.
The child then possesses a tool to go forth in his or her future.
Is it not better to give a man a fishing pole and teach him how to fish?
AN ARRA MODEL OF ACCOUNTABILITY AND TRANSPARENCY
February 17, 2009, President Obama signed into law the American and
Reinvestment Act of 2009, Public Law 111-5 (ARRA). This Act provided
$787 billion of federally financed economic stimulus finding through a
combination for spending programs and reductions in business and
individual taxes. Michigan will receive hundreds of millions of
dollars of the ARRA funds. A main component of the ARRA is to have in
place an effective process to prevent and ameliorate waste, abuse, and
As Michigan has been selected as one of sixteen states
that will be monitored over the next three years to provide an analysis
of the use of funds under the ARRA, the opportunity exists to create
new businesses and jobs by developing a model of accountability and
transparency that may be implemented across the nation.
REVISED STATUTES OF 1846 (EXCERPT) MCL 14.29 § 29, CL. 1948: The auditor general is vested with the power to request the attorney general to prosecute matters within its department.
CONSTITUTION OF MICHIGAN OF 1963, ARTICLE IV, § 53, Eff. Jan. 1, 1964:
This establishes the appointment, qualifications, term, removal, post
audits, and authority of the auditor general and his authority.
EXECUTIVE ORGANIZATION ACT OF 1965 (EXCERPT) Act 380 of 1965 MCL 16.182 § 82, Eff. July 23, 1965: Transfers by a type III transfer to the department of treasury and abolishes the office of the elected auditor general.
THE MANAGEMENT AND BUDGET ACT (EXCERPT) Act 431 of 1984, MCL 18.1461 § 461 Eff. March 22, 1999:
Established audit of federal grants awarded to state in accordance to
Public Law 104-156, chapter 75 of title 31 of the United States Code,
31 U.S.C. 7501 to 7507 pertaining to audit evaluation of the internal
controls of this state and the state's compliance with material
features of laws and regulations related to major federal assistance
EXECUTIVE REORGANIZATION ORDER (EXCERPT) E.R.O. No. 2007-22, Off. October 1, 2007: MCL 18.46
Transfer of powers and duties of internal auditors of principal
departments under MCL 18.1486 and 18.1487 to office of the state budget
director; transfer of powers and duties of principal departments to
appoint and supervise internal auditor under MCL 18.1486 to state
COST BENEFIT ANALYSIS
There are no costs associated with this bill, as its purpose is to reduce and ameliorate waste, abuse, and fraud.
The reduction and amelioration of waste, abuse, and fraud in federally
funded grants will provide for the opportunity to more efficiently
utilize funding and resources by targeting and capturing the recoupment
of funding from fraudulent activities.
2. In turn, this will allow the state to receive 10 percent of the recoupment of the federal share of fraudulent claims.
There will be a decrease in the state percentage of the formula match
of its federal grants, further improving resources and operations of
4. Public image of the state as an ARRA accountability
and transparency demonstration improves, encouraging new economic
The impact of this bill
will increase efficiency of state operations in the reduction and
amelioration of waste, abuse, and fraud of federal funding and will
demonstrate compliance with the ARRA and the U.S. Office of Management
Budget Circular A-133.
HOUSE BILL No.______
______________, 2009, Introduced by Reps. ___________ and _________ and referred to the Committee on __________________.
A bill to amend 2003 PA 1, entitled
"AUDITS AND EXAMINATIONS"
(MCL 13.101) by adding the term “annual” in section 1 and by adding sections 1a, 1b, 2a, 2b and 2c to chapter 13.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
13.101 Auditor general; duties; powers; employment and compensation; influencing action of examiner as misdemeanor; definitions.
(1) The auditor general shall conduct ANNUAL audits and examinations of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state.
(a) THE AUDITOR GENERAL SHALL IMMEDIATELY REPORT ALL FINDINGS OF AUDITS AND EXAMINATIONS OF ALL BRANCHES, AGENCIES, AUTHORITIES, BOARDS, COMMISSIONS, DEPARTMENTS, INSTITUTIONS AND OFFICES OF THIS STATE TO THE LEGISLATURE.
(b) THE AUDITOR GENERAL SHALL IMMEDIATELY REFER VIOLATIONS OF STATE AND FEDERAL LAW TO THE ATTORNEY GENERAL.
(2) In connection with the audits and examinations described in this act, the auditor general may examine, or cause to be examined, the books, accounts, documents, records, performance activities, and financial affairs of each branch, department, office, board, commission, agency, authority, and institution of this state.
(3) Upon demand of the auditor general, deputy auditor general, or any person appointed by the auditor general to make the audits and examinations provided in this act, the officers and employees of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state shall produce for examination all books, accounts, documents, and records of their respective branch, department, office, board, commission, agency, authority, and institution and truthfully answer all questions relating to their books, accounts, documents, and records of their respective activities and affairs.
(4) In connection with audits and examinations described in this act, the auditor general, deputy auditor general, or any person appointed to make audits and examinations may issue subpoenas, direct the service of the subpoena by any police officer, and compel the attendance and testimony of witnesses; may administer oaths and examine any person as may be necessary; and may compel the production of books, accounts, papers, documents, and records. The orders and subpoenas issued by the auditor general, deputy auditor general, or any person appointed with the duty of making the examinations provided in this subsection may be enforced upon application to any circuit court as provided by law.
(5) The auditor general may employ and compensate auditors, examiners, and assistants as he or she considers necessary. In addition, the auditors, examiners, and assistants shall be paid their necessary traveling expenses while engaging in the duties provided under this act. Compensation and expenses shall be paid out of the funds appropriated for that purpose. The auditor general and the deputy auditor general shall receive their actual traveling expenses incurred while engaging in the duties provided under this act, which shall be paid out of the funds appropriated for that purpose.
(6) Any person who gives or offers to any examiner, accountant, clerk, or other employee of the auditor general, any money, gift, emolument, or thing of value for the purpose of influencing the action of the examiner or other employee, in any matter relating to the examination of any public account authorized by this act, or for the purpose of preventing or delaying the examination of any public account, or for the purpose of influencing the action of the examiner or other employee, in framing, changing, withholding, or delaying any report of any examination of any public account, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 nor less than $200.00, or imprisonment for not more than 6 months and not less than 30 days, or both.
(7) Any person appointed by the auditor general to make the examinations provided for under this act, or any officer, clerk, or other employee of the auditor general, who receives or solicits any money, gift, emolument, or anything of value for the purpose of being influenced in the matter of the examination of any public account authorized by this act, or for the purpose of being influenced to prevent or delay the examination of any public account, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 and not less than $200.00, or imprisonment for not more than 6 months and not less than 30 days, or both.
(8) As used in this act:
(a) “Audit” means a post audit of financial transactions and accounts or performance audit as described in section 53 of article IV of the state constitution of 1963.
(b) “Auditor general” means the individual appointed auditor general under section 53 of article IV of the state constitution of 1963.
(c) “Examination” means an inquiry, compilation, or review within the scope of the auditor general's authority under section 53 of article IV of the state constitution of 1963.
SEC. 2. SPECIAL ASSISTANT AUDITORS.
(a) THE AUDITOR GENERAL MAY CONTRACT WITH THE FOLLOWING STATE LICENSED ENTITIES: CERTIFIED PUBLIC ACCOUNTANS; QUALIFIED MANAGEMENT CONSULTANTS; ATTORNEYS; AND OTHER PERSONS OR FIRMS NECESSARY TO CARRY OUT THE DUTIES OF THE OFFICE. FOR THE PURPOSE OF ASSISTING IN PERFORMAANCE AUDITS, THE AUDITOR GENERAL MAY CONTRACT WITH ANY STATE AGENCY. THE AUDITOR GENERAL MAY CONTRACT WITH OTHER GOVERNMENTAL AGENCIES FOR THE CONDUCT OF JOINT AUDITS OF A STATE AGENCY OR A PORTION THEREOF.
(b) THE AUDITOR GENERAL SHALL ADOPT RULES ESTABLISHING QUALIFICATIONS FOR NON-LICENSED PERSONS WITH WHOM HE MAY CONTRACT.
(c) THE AUDITOR GENERAL MAY DESIGNATE ANY PERSON WITH WHOM HE CONTRACTS AS A SPECIAL ASSISTANT AUDITOR FOR THE PURPOSE OF CONDUCTING A POST AUDIT OR INVESTIGATION UNDER HIS SUPERVISION. THE AUDITOR GENERAL MAY DELEGATE HIS POWERS AND AUTHORITY RESPECTING POST AUDITS AND INVESTIGATIONS TO SPECIAL ASSISTANT AUDITORS OTHER THAN THE POWER OF SUBPOENA, BUT ANY DELEGATION OF AUTHORITY TO ADMINISTER OATHS OR TAKE DEPOSITIONS MUST BE MADE IN WRITING AND LIMITED TO A PARTICULAR AUDIT OR INVESTIGATION.
health care providers are doing the right thing and providing care with
integrity. But sadly, due to the illegal actions of a small but active
group of heath care fraud perpetrators, billions of dollars are stolen
from taxpayers each year. Medicare fraud schemes have grown bolder and
more elaborate, resulting in billions of dollars in false billings and
fraud schemes which are robbing Medicare and Medicaid blind and leaving
our most vulnerable citizens at risk.
Medicare fraud affects
every American. Not only is waste, fraud and abuse taking critical
resources out of our health care system, it contributes to the rising
cost of health care for all Americans and harms the short-term and
long-term solvency of these essential programs.
will cut costs for families, businesses and the federal budget and
increase the quality of services for those who need care.
U.S. Department of Health and Human Services (HHS) and U.S. Department
of Justice (DOJ) are working together to help eliminate fraud and
investigate fraudulent Medicare and Medicaid operators who are cheating
Attorney General Eric Holder and HHS Secretary
Kathleen Sebelius are taking the fight against Medicare and Medicaid
fraud to a new level. They have committed senior officials from HHS and
DOJ to work together on the Health Care Fraud Prevention and
Enforcement Action Team (HEAT).
as Prepared for Delivery by Attorney General Holder on New Medicare
Fraud Initiative at a Press Conference with HHS Secretary Sebelius (05-20-09)
The HEAT Team will expand efforts to stop fraud and prevent it from happening in the first place. These efforts will include:
Stopping Those Who Perpetrate Fraud:
demonstration projects focused on Durable Medical Equipment. These
projects will increase site visits during enrollment so we can block
out imposters and make sure criminals aren't posing as real providers;
training for providers on Medicare compliance and offering providers
the resources and the knowledge they need to help identify and prevent
- Improving data and information sharing between the
Center for Medicare & Medicaid Services and law enforcement so we
can identify patterns that lead to fraud.
- Strengthening program
integrity activities to monitor and ensure Medicare Parts C (Medicare
Advantage plans) and D (prescription drug programs) compliance and
- Working with Americans to identify fraud via hotlines and Web sites.
Future Happenings – Stay Tuned:
- New initiatives will be added in the weeks ahead;
- Look for a new HHS/DOJ joint Web site that will track the progress of these efforts; and
- New strategies for involving and getting the word out to the public.
- And this is my little addition: Operation Peek-A-Boo: a Task Force dedicated to stopping child welfare fraud in Michigan.
For more information, visit my blog for the lastest updates of the U.S. DHHS OIG and U.S. DOJ AG Partnership: http://beverlytran.blogspot.com
It's easy as 1-2-3! Ending false claims that is! On 1.23.2009 we celebrated Michigan False Claims Awareness Day with the introduction of The Michigan False Claims Act, HB 4117 on January 22, 2009 by Rep. Gino Polidori and referred to the Committee on Judiciary.
Every year across this nation, taxpayers are paying billions of dollars in false claims to the unregulated industry of child welfare. Medicaid Fraud is threatening our nation's economic security. Social Security is a bi-polar system with one end the aged and the other end the child.
For the first time in the nation's history, a state has introduced legislation that empowers the people to regulate and monitor the contractual arrangements of public and private operations of the state. It is in this manner that the State Attorney General and County Prosecutors may conduct the symphony of accountability and transparency in concert with the voice of the people. Michigan has positioned itself to become a model, not only for the rest of the nation, but for the world.
Join in on the celebration to end the waste and abuse of taxpayer dollars by showing your support for Michigan in becoming the global leader in accountability and transparency.
It only takes one phone call to end fraud and Save A Child
Call 1-517-373-6920 or 1-517-373-7256 or 1-517-482-0253
Fore more information on False Claims visit:
The Central Registry of Child Welfare Fraud