1 Maryland Department of Human Resources, MAXIMUS Benefits & Eligibility Advocacy Services, SSI/SSDI Assessment Report, February 2013 (on file with author).
2 Campbell Robertson, “For Offenders Who Can’t Pay, It’s a Pint of Blood or Jail Time,” New York Times, October 19, 2015.
3 Juan Thompson, “Lawsuit Challenges a Mississippi Debtors Prison,” The Intercept, October 22, 2015.
4 Martha Albertson Fineman, Vulnerability and the Human Condition Initiative, http://web.gs.emory.edu/vulnerability/index.html (accessed December 18, 2014).
1 In re Ryan, No. 802023006, at 3 (Balt. City Cir. Ct. June 16, 2011) (on file with author).
2 I was lead counsel for Alex in his litigation challenging the practice of the Maryland foster care agency taking his survivor benefits. I served as co-counsel for amici supporting Ryan in his appeal challenging the same practice.
3 Ryan, 3; emphasis added.
4 Ibid.
5 The United States Conference of Mayors, 2009 Status Report on Hunger and Homelessness Survey, A Status Report on Hunger and Homelessness in America’s Cities (December 2009), http://usmayors.org/pressreleases/uploads/USCMHungercompleteWEB2009.pdf (accessed October 16, 2014).
6 The United States Conference of Mayors, 2012 Status Report on Hunger and Homelessness Survey, A Status Report on Hunger and Homelessness in America’s Cities (December 2012), http://usmayors.org/pressreleases/uploads/2012/1219-report-HH.pdf (accessed October 16, 2014).
7 The United States Conference of Mayors, 2013 Status Report on Hunger and Homelessness Survey, A Status Report on Hunger and Homelessness in America’s Cities (December 2013), http://usmayors.org/pressreleases/uploads/2013/1210-report-HH.pdf (accessed October 16, 2014).
8 Gordon M. Fisher, Dept. of Health and Human Services, “The Development and History of the U.S. Poverty Thresholds—A Brief Overview,” in Newsletter of the Government Statistics Section and the Social Statistics Section of the American Statistical Association (1997), 6–7, http://aspe.hhs.gov/poverty/papers/hptgssiv.htm (accessed October 16, 2014).
9 Mark E. Courtney, et al., Midwest Eval. of the Adult Functioning of Former Foster Youth: Outcomes at Age 23 and 24 (Chapin Hall at the University of Chicago, 2010), http://www.chapinhall.org/sites/default/files/Midwest_Study_Age_23_24.pdf (accessed December 18, 2014).
10 Jennifer L. Hook and Mark E. Courtney, Employment of Former Foster Youth as Young Adults: Evidence from the Midwest Study (Chapin Hall at the University of Chicago, 2010), 9, www.chapinhall.org/sites/default/files/publications/Midwest_IB3_Employment.pdf (accessed October 16, 2014).
11 Bureau of Justice Statistics, “Study Finds More than Half of all Prison and Jail Inmates have Mental Health Problems,” http://www.bjs.gov/content/pub/press/mhppjipr.cfm (accessed November 17, 2014).
12 National Alliance on Mental Illness, “State Mental Health Cuts: The Continuing Crisis,” http://www.nami.org/Template.cfm?Section=state_budget_cuts_report (accessed November 17, 2014).
13 Kathleen Short, “Current Population Reports,” in The Research Supplemental Poverty Measure: 2011 (2012), 60–244, http://www.census.gov/prod/2012pubs/p60-244.pdf (accessed October 16, 2014).
14 National Women’s Law Center, “Steep Rise Seen in Deep Poverty Among Elderly, http://www.nwlc.org/media/steep-rise-seen-deep-poverty-among-elderly (accessed November 17, 2014).
15 Catherine Saint Louis, “In Nursing Homes, an Epidemic of Poor Dental Hygiene,” New York Times, August 4, 2013, http://well.blogs.nytimes.com/2013/08/04/in-nursing-homes-an-epidemic-of-poor-dental-hygiene/?_php=true&_type=blogs&_r=0 (accessed October 16, 2014).
16 Ibid.
17 Daniel R. Levinson, “Skilled Nursing Facilities Often Fail to Meet Care Planning and Discharge Planning Requirements,” in Department of Health and Human Services OEI-02-09-00201 (2013), http://oig.hhs.gov/oei/reports/oei-02-09-00201.pdf (accessed October 16, 2014).
18 Daniel R. Levinson, “Adverse Events in Skilled Nursing Facilities: National Incidence Among Medicare Beneficiaries,” in Department of Health and Human Services OEI-06-11-00370 (2014), http://oig.hhs.gov/oei/reports/oei-06-11-00370.pdf (accessed October 16, 2014).
19 Daniel L. Hatcher, Purpose vs. Power: Parens Patriae and Agency Self-Interest, 42 N. MEX. L. REV. 159 (2012). (Article provided foundational research and material for this chapter in the book.)
20 Neil Howard Cogan, Juvenile Law, Before and After the Entrance of “Parens patriae,” 22 S.C. L. REV. 147, 161 (1970).
21 Lawrence B. Custer, The Origins of the Doctrine of Parens Patriae, 27 EMORY L.J. 195, 199 (1978).
22 Maryland Department of Human Resources, “About DHR,” http://www.dhr.state.md.us/blog/?page_id=921 (accessed December 19, 2014).
23 In re Gault, 387 U.S. at 16–19.
24 Bernardine Dohrn, “Seize the Little Moment: Justice for the Child 20 Years at the Children and Family Justice Center,” NW J. L. & Soc. Pol’y 6, no. 334 (2011) (describing the state of a Chicago juvenile court).
25 In the Interest of: A.V.B. A Minor Child, 1996 WL 33482529, 24 (Ga.) (Brief for Appellant Georgia Department of Human Resources).
26 Ibid., 25–26.
27 Barbara Bennett Woodhouse, “Children’s Rights,” in Youth and Justice, ed. Susan O. White (New York: Plenum Press, 2001), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=234180 (accessed October 16, 2014).
28 Reply Brief of Appellants, L.J. v. Donald, 2010 WL 2639447 at 9 (July 1, 2010).
29 Indiana Protection and Advocacy Services v. Indiana Family and Social Services Admin., 603 F.3d 365 (7th Cir. 2010).
30 In re Gault, 1966 WL 100788, Brief for Ohio Association of Juvenile Court Judges as Amici Curiae (U.S. Oct. 11, 1966).
1 Nicholas Riccardi, “Political Struggle Centers on Welfare-to-Work Contractor,” Los Angeles Times, June 20, 2000.
2 MAXIMUS, “MAXIMUS Reports Fourth Quarter and Full Year Financial Results for Fiscal 2014,” news release, November 13, 2014, http://investor.maximus.com/press-release/earnings-and-dividends/maximus-reports-fourth-quarter-and-full-year-financial-result-0 (last accessed December 7, 2014).
3 Daniel L. Hatcher, “Poverty Revenue: The Subversion of Fiscal Federalism,” 52 ARIZONA L. REV. 675, 682 (2010). (Article provided foundational research and material for this chapter of the book.)
4 The investigation was spurred by a qui tam complaint filed by a former MAXIMUS division manager. U.S. Department of Justice, “Virginia Company Enters into Deferred Prosecution Agreement and Agrees to Pay $30.5 Million,” news release, July 23, 2007, http://www.justice.gov/opa/pr/2007/July/07_civ_535.html (accessed October 16, 2014); Complaint at 1, 4, United States ex rel. Turner v. Maximus Inc., No. 1:05-cv-01215 (D.D.C. June 22, 2005).
5 Deferred Prosecution Agreement at 3, United States ex rel. Turner v. Maximus Inc., No. 1:05-cv-01215, (D.D.C. July 23, 2007); see also, U.S. SEC, Form 8-k: Maximus, Inc. (Virginia, 2007), http://edgar.brand.edgar-online.com/EFX_dll/EDGARpro.dll?FetchFilingHTML1?ID=5318470&SessionID=c_QaWFq_OCzCG47 (accessed December 18, 2014) (providing language from the deferred prosecution agreement as part of the SEC filing).
6 U.S. Dept. of Justice, news release.
7 United States’ Notice of Intervention and Settlement at 7, United States ex rel. Turner v. Maximus Inc., No. 1:05-cv-01215 (D.D.C. July 20, 2007) (“In consideration of the obligations of Maximus in this agreement . . . the OIG-HHS agrees to release and refrain from instituting, directing, or maintaining any administrative action seeking exclusion from Medicare, Medicaid or other Federal health care programs . . . against Maximus under 42 U.S.C. § 1320a-7a . . . or 42 U.S.C. § 1320a-7a(b)(7).”).
8 “New York Awards Medicaid Fraud Contract to MAXIMUS,” Business Wire, news release, September 13, 2007, http://www.businesswire.com/news/home/20070913005083/en/York-Awards-Medicaid-Fraud-Contract-MAXIMUS#.VJMinEsipuY (accessed December 18, 2014).
9 Bill Myers, “D.C. Hands Money to Company Tied to Fraud Scandal,” The Examiner, October 30, 2007, http://www.washingtonexaminer.com/d.c.-hands-money-to-company-tied-to-fraud-scandal/article/82673 (accessed December 14, 2014).
10 “MAXIMUS Awarded $15 Million Medicaid Contract by Indiana,” Business Wire, news release, November 19, 2007, http://www.businesswire.com/news/home/20071119005095/en/MAXIMUS-Awarded-15-Million-Medicaid-Contract-Indiana#.VJMjxksipuY (accessed December 18, 2014); “MAXIMUS Wins Rebid for California Medicaid Program,” Business Wire, news release, April 9, 2008, http://www.businesswire.com/news/home/20080409005119/en/MAXIMUS-Wins-Rebid-California-Medicaid-Program#.VJMkFUsipuY (accessed December 18, 2014) ($208.4 million contract); “MAXIMUS Awarded Renewal on Medicare Appeals Contract,” Business Wire, news release, May 14, 2008, http://www.businesswire.com/news/home/20080514006442/en/MAXIMUS-Awarded-Renewal-Medicare-Appeals-Contract#.VJMkd0sipuY (accessed December 14, 2014); “MAXIMUS Awarded $7.2 Million Medicare Task Order,” Business Wire, news release, May 21, 2008, http://www.businesswire.com/news/home/20080521005005/en/MAXIMUS-Awarded-7.2-Million-Medicare-Task-Order#.VJMk0UsipuY (accessed December 14, 2014); “MAXIMUS Awarded Medicare Part A West Appeals Contract, Expands Company’s Role as a Leading Medicare Claims Processor,” Bloomberg, news release, November 20, 2008, http://www.bloomberg.com/apps/news?pid=newsarchive&sid=araB1CRafkqE (accessed December 18, 2014).
11 “MAXIMUS Awarded Professional Services Contract to Support U.S. Department of Justice,” Business Wire, news release, July 21, 2008, http://www.businesswire.com/news/home/20080721005148/en/MAXIMUS-Awarded-Professional-Services-Contract-Support-U.S.#.VJMepEsipuY (accessed December 18, 2014).
12 Emily Berry, “WellCare Settles SEC Probe; Announces Layoffs,” American Medical News, June 12, 2009, http://www.amednews.com/article/20090612/business/306129999/8/ (accessed December 19, 2014).
13 Jacob Goldstein, “Feds: WellCare ‘Misled and Confused Medicare Beneficiaries,’” Wall Street Journal, Health Blog, February 20, 2009, http://blogs.wsj.com/health/2009/02/20/feds-wellcare-misled-and-confused-medicare-beneficiaries/ (accessed December 19, 2014).
14 Gary Fineout, “Illegal Cash Went to Many Officials,” Health News Florida, August 20, 2009, http://health.wusf.usf.edu/post/illegal-cash-went-many-officials (accessed December 19, 2014).
15 Robert Green, “WellCare Enters Into Deferred Prosecution Agreement,” Bloomberg, May 5, 2009, http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aVHxoFQYy8To (accessed December 19, 2014).
16 “WellCare Whistleblower Suit Claims Financial Improprieties,” Tampa Tribune, June 29, 2010, http://tbo.com/news/business/wellcare-whistleblower-suit-claims-financial-improprieties-32016 (accessed November 29, 2014).
17 Ibid.
18 Brittany Alana Davis, “Saying It’s Changed, WellCare Wants In On State Medicaid Contracts,” Tampa Bay Times, June 10, 2010, http://www.tampabay.com/news/health/saying-its-changed-wellcare-wants-in-on-state-medicaid-contracts/1234720 (December 19, 2014).
19 Department of Justice, “Office of Public Affairs, Florida-Based WellCare Health Plans Agrees to Pay $137.5 Million to Resolve False Claims Act Allegations,” news release, April 3, 2012, http://www.justice.gov/opa/pr/2012/April/12-civ-425.html (accessed October 16, 2014).
20 WellCare, “WellCare Announces Successful Medicare Part D Bid,” news release, September 28, 2007, http://www.wellcare.com/WCAssets/corporate/assets/PressReleasePDP092407.pdf (accessed October 16, 2014).
21 WellCare, “WellCare Earns Senior Choice Gold Award for Medicare Advantage Benefits Plan,” news release, November 16, 2007, http://wellcare.com/WCAssets/corporate/assets/SeniorChoiceGoldAward111607.pdf (accessed October 16, 2014); Lewis Krauskopf, “Agents Search WellCare Headquarters in Tampa,” Reuters, October 24, 2007, http://www.reuters.com/article/2007/10/24/us-wellcare-warrant-idUSN2460433220071024 (accessed October 16, 2014); Jacob Goldstein, “WellCare Probe Triggered by Alleged Medicaid Fraud,” Wall Street Journal, November 2, 2007, http://blogs.wsj.com/health/2007/11/02/wellcare-probe-triggered-by-alleged-medicaid-fraud/ (accessed October 16, 2014).
22 Jacob Goldstein, “WellCare Employee Pleads Guilty to Fraud; Shares Rise,” Wall Street Journal, October 8, 2008, http://blogs.wsj.com/health/2008/10/08/wellcare-employee-pleads-guilty-to-fraud-shares-rise/ (accessed October 16, 2014).
23 Terry Boyd, “WellCare, Centene, Passport Winners in Kentucky’s Medicaid Managed-Care Bonanza,” Insider Louisville, July 7, 2011.
24 Brittany Alana Davis, “Company with Fraud Record Lines Up for New Medicaid Contract,” Miami Herald, June 10, 2012.
25 Daniel L. Hatcher, “Poverty Revenue: The Subversion of Fiscal Federalism,” 52 ARIZONA L. REV. 675, 682 (2010).
26 Wallace E. Oates, “Toward A Second-Generation Theory of Fiscal Federalism,” 12 Int’l Tax & Pub. Fin. 350 (2005).
27 Deloitte Development, LLC, “Centers for Medicare & Medicaid Services (CMS), Medicaid and Children’s Health Insurance Program (CHIP) Policy Implications and Evaluations ‘MACPIE,’” Deloitte, http://www.deloitte.com/view/en_US/us/Industries/US-federal-government/government-contract-vehicles/cms-macpie/index.htm (accessed September 15, 2014).
28 Northrop Grumman, “Northrop Grumman Selected to Set Up, Sustain Tennessee’s Medicaid and Children’s Health Insurance Eligibility System,” news release, July 9, 2013, https://www.globenewswire.com/newsarchive/noc/press/pages/news_releases.html?d=10039519 (accessed December 10, 2014).
29 Northrop Grumman, “Health IT, Child Support Enforcement Consulting,” http://www.northropgrumman.com/Capabilities/BenefitSystems/Documents/Child_Support_Enforce_card.pdf (accessed December 10, 2014).
30 Social Security Administration, Office of the Inspector General, Audit, Report: Contract with Lockheed Martin Government Services, Inc. for Digital Imaging Services 2, A-04-08-18066 (November 2008), http://www.ssa.gov/oig/ADOBEPDF/A-04-08-18066.pdf (site now discontinued).
31 Public Consulting Group, “About Public Consulting Group (PCG),” http://www.publicconsultinggroup.com/About/index.html (accessed December 19, 2014).
32 HMS, “State of Alaska Awards Post-payment Recovery and Cost Avoidance Contract to HMS,” news release, July 11, 2012, http://files.shareholder.com/downloads/ABEA-4GAAQJ/1965182160x0x582322/4c278ba1-0e1f-4f00-8936-49dacbcfbc65/HMSY_News_2012_7_11_General_Releases.pdf (accessed December 19, 2014).
33 “MAXIMUS Increases Quarterly Cash Dividend to $0.12 per Share,” news release, December 17, 2008, Reuters, http://www.reuters.com/article/2008/12/17/idUS224081+17-Dec-2008+BW20081217 (accessed December 19, 2014).
34 Seeking Alpha, “MAXIMUS F4Q08 (Qtr. End 9/30/08) Earnings Call Transcript,” statement of Richard Montoni, President and Chief Executive Officer, November 13, 2008, http://seekingalpha.com/article/105919-maximus-f4q08-qtr-end-9-30-08-earnings-call-transcript?page=-1&find=maximus (accessed October 18, 2014).
35 Seeking Alpha, “HMS Holdings Corp., Q3 2008 Earnings Call Transcript,” statement of Walter Hosp, Senior Vice President and Chief Financial Officer, November 13, 2008, http://seekingalpha.com/article/103287-hms-holdings-corp-q3-2008-earnings-call-transcript (accessed October 18, 2014).
36 Seeking Alpha, ibid., statements of Bill Lucia, President and Chief Operating Officer, and Bob Holster, President, Director, and Chief Executive Officer.
37 Ibid.
38 OpenSecrets.org Center for Responsive Politics, “Influence & Lobbying: Ranked Sectors,” Center for Responsive Politics, http://www.opensecrets.org/lobby/top.php?indexType=c&showYear=2011 (law updated July 28, 2014) (accessed October 18, 2014).
39 Ibid.; Influence Explorer, “Pharmaceuticals/Health Products,” Sunlight Foundation, http://influenceexplorer.com/industry/pharmaceuticalshealth-products/08c1fa7788994f148eddfb78c10032cf?cycle=2012 (accessed September 15, 2014); Influence Explorer, “Hospitals/Nursing Homes,” Sunlight Foundation, http://influenceexplorer.com/industry/hospitalsnursing-homes/0b4aba987b6e4cb5931b8060b40a0c7f?cycle=2012 (accessed September 15, 2014).
40 OpenSecrets.org, “Influence & Lobbying, Defense: Summary,” Center for Responsive Politics, http://www.opensecrets.org/industries/indus.php?ind=D (accessed August 19, 2014).
41 OpenSecrets.org, “Influence & Lobbying, Health: Summary,” Center for Responsive Politics, http://www.opensecrets.org/industries/indus.php?ind=H (August 19, 2014).
42 OpenSecrets.org, “Influence & Lobbying, Hospitals & Nursing Homes: Summary,” Center for Responsive Politics, http://www.opensecrets.org/industries/indus.php?ind=H02 (accessed August 19, 2014) (23 million compared to 24 million for defense industry).
43 See, e.g., Dave McKinney, “Governor’s Donor Gets Chance at Contract,” Chicago Sun Times, 8, March 7, 2005; Dave McKinney, “Lawmakers Say Firm Awarded State Pact Had ‘Inside track,’” Chicago Sun Times, 26, July 18, 2005.
44 McKinney, Governor’s Donor.
45 Ibid.
46 Garrett Therolf, “Firm Courts Supervisors, Wins Reprieve,” Los Angeles Times, November 19, 2008, http://articles.latimes.com/2008/nov/19/local/me-maximus19 (accessed October 22, 2014) (noting that MAXIMUS spent $200,000 on lobbying fees, compared to $25,000 spent by Policy Studies, Inc.).
47 Garrett Therolf, “Low-Rated Firm Fights to Keep Rich County Work,” Los Angeles Times, October 30, 2008, http://articles.latimes.com/2008/oct/30/local/me-maximus30 (accessed October 22, 2014).
48 Ibid.
49 Ibid.
50 Jim Doyle, “Centene Wins Missouri Medicaid Contract,” St. Louis Post-Dispatch, February 23, 2012, http://www.stltoday.com/news/local/metro/centene-wins-missouri-medicaid-contract/article_b25fa40d-fdbe-5df7-a776-bf56a640c687.html (accessed October 22, 2014).
51 Jim Doyle, “Clayton-based Centene Wins Missouri Medicaid Contract,” St. Louis Post-Dispatch, February 22, 2012, http://www.stltoday.com/business/local/clayton-based-centene-wins-missouri-medicaid-contract/article_72e45b08-5d64-11e1-8a9a-001a4bcf6878.html (accessed October 22, 2014).
52 “Board of Directors,” Centene Corporation, http://www.centene.com/investors/corporate-governance/board-of-directors/ (accessed August 1, 2010); “Solutions,” Centene Corporation, http://www.centene.com/about-us/solutions/ (accessed August 1, 2010); see also Christopher Lee, “Thompson’s Medicaid Reforms Could Benefit His Employers,” Washington Post, August 8, 2006, http://www.washingtonpost.com/wp-dyn/content/article/2006/08/07/AR2006080701088.html (accessed October 22, 2014).
53 Barbara Martinez, “In Medicaid, Private HMOs Take a Big Role,” Wall Street Journal, November 15, 2006, http://www.wsj.com/articles/SB116354350983023095.
54 Jan Murphy, “Consultant Reaps State Windfall,” Patriot-News, A1, February 24, 2008.
55 Ibid.
56 Brad Bumsted, “Rendell Denies Use of ‘Pay-to-Play’ Deals,” Pittsburgh Tribune-Review, March 10, 2009, http://www.pittsburghlive.com/x/pittsburghtrib/news/s_615249.html (accessed October 22, 2014).
57 Jan Murphy, “Deloitte’s $250 Million State Department of Public Welfare Contract Object of Court Fight,” Patriot-News, April 24, 2011, http://www.pennlive.com/midstate/index.ssf/2011/04/tech_firm_fights_deloittes_250.html (accessed October 22, 2014).
58 Ibid.
59 Pittsburgh Business Times, “Ridge to Consult for Deloitte and Touche,” November. 2, 2006.
60 Brad Bumsted, “GOP: No-Bid Smacks of Favors,” TribLive, March 4, 2008, http://triblive.com/x/pittsburghtrib/news/regional/s_555380.html#axzz3LGgaPKGf (last accessed December 7, 2014).
61 Ibid.
62 Patriot-News, “Pennsylvania’s Payouts to Deloitte Consulting Near Half-Billion Dollars,” February 25, 2008, http://cloud-computing.tmcnet.com/news/2008/02/25/3289847.htm (last accessed December 7, 2014).
63 Ibid.
64 See, e.g., Paul Kengor, Competitive Contracting and Privatization Options in Wisconsin State Government, Wisconsin Policy Research Institute Report, April 2001, 1 (accessed October 22, 2014). (“The seeds are there for more privatization in Wisconsin. The receptivity is shown by the encouragement of the State Legislature and Governor Thompson, who together created the bipartisan Wisconsin Commission on Privatization, which in 1998 called for a comprehensive privatization plan.”)
65 E.g., Susan Page, “Medicare Scrap Could Shove Aside Prescription-Drug Benefit,” USA Today, January 29, 2003, http://www.usatoday.com/news/health/2003-01-29-bush-healthcare_x.htm (describing Thompson’s support for legislation that conditioned access to a prescription-drug benefit on enrolling in a private managed-care program).
66 Washington Business Journal, “Tommy Thompson Joins Akin Gump,” March 9, 2005, http://www.bizjournals.com/washington/stories/2005/03/07/daily16.html (accessed December 19, 2014).
67 Ibid.
68 “Board of Directors,” Centene Corporation, http://www.centene.com/investors/corporate-governance/board-of-directors/ (accessed December 7, 2014); “Tommy G. Thompson Elected to Medco Board of Directors,” news release, October 16, 2006, PR Newswire, http://www.prnewswire.com/news-releases/tommy-g-thompson-elected-to-medco-board-of-directors-56490612.html (accessed December 19, 2014); WRAL.com, “Former HHS Director Tommy Thompson Joins Voyager Board,” Capitol Broadcasting Company, March 2, 2006, http://www.wral.com/news/local/story/155109 (accessed October 22, 2014); Bard, “Tommy Thompson Elected to Bard’s Board of Directors,” news release, August 16, 2005, http://www.crbard.com/prlanding.aspx?releaseID=743558 (accessed December 19, 2014).
69 Public Consulting Group, Management Team, William S. Mosakowski, http://www.publicconsultinggroup.com/about/management_team/index.html (accessed December 8, 2014).
70 Ibid., Rich Albertoni.
71 Ibid., Tom Entrikin.
72 Ibid., Brian Howells.
73 Ibid., Jill Reynolds.
74 Ibid., Jim Waldinger.
75 Public Consulting Group, Medicare-Medicaid, Janice Paterson, Esq., PMP, http://www.publicconsultinggroup.com/health/medicaidmedicare/index.html (last accessed on December 8, 2014).
76 Public Consulting Group, Cathy Anderson, Subject Matter Expert, http://www.publicconsultinggroup.com/humanservices/sme/CathyAnderson.html (accessed December 8, 2014).
77 Public Consulting Group, Jamie Kilpatrick, Early Intervention Services Subject Matter Expert, http://www.publicconsultinggroup.com/humanservices/sme/JamieKilpatrick.html (accessed December 8, 2014).
78 Public Consulting Group, Sam Fish, Human Services Law Subject Matter Expert, http://www.publicconsultinggroup.com/humanservices/sme/samfish.html (accessed December 8, 2014).
79 Public Consulting Group, Judge James Payne, Subject Matter Expert, http://www.publicconsultinggroup.com/humanservices/sme/JamesPayne.html (accessed December 8, 2014).
80 MAXIMUS, President, Human Services North America, http://www.maximus.com/kathleen-kerr (accessed December 7, 2014).
81 MAXIMUS, Human Services President & General Manager, http://www.maximus.com/akbar-piloti (accessed December 7, 2014).
82 MAXIMUS, Board of Directors, http://investor.maximus.com/corporate-governance/board-of-directors (accessed December 8, 2014).
83 Aaron Blake, “Jindal: GOP Scandal Response Should Focus on Big Government,” Washington Post, May 24, 2013, http://www.washingtonpost.com/blogs/post-politics/wp/2013/05/24/jindal-gop-scandal-response-should-focus-on-big-government/ (accessed October 22, 2014).
84 Associated Press, “Louisiana to Rebid Medicaid Eligibility Contract,” April 22, 2013, http://neworleanscitybusiness.com/blog/2013/04/22/louisiana-to-rebid-medicaid-eligibility-contract/ (last accessed December 8, 2014).
85 Elizabeth Montalbano, “Microsoft Adds Health Care to Global E-Government Platform,” ComputerWorld, April 23, 2009, http://www.computerworld.com/s/article/9132042/Microsoft_adds_health_care_to_global_e_government_platform (accessed October 22, 2014).
86 Laura Maggi, “Investigators Looking into Possible Perjury by Former Louisiana Health Chief,” Times-Picayune, May 4, 2013, http://blog.nola.com/politics/print.html?entry=/2013/05/investigators_looking_into_pos.html (accessed October 22, 2014).
87 Melinda Deslatte, “Greenstein Resigns Post,” Advocate, April 3, 2013, http://theadvocate.com/home/5571651-125/jindal-health-secretary-resigns (site now discontinued).
88 Melinda Deslatte, “Governor’s Office: Greensteign, CNSI had Improper Communications,” Fox 8 WVUE-TV, May 3, 2013, http://www.fox8live.com/story/22092450/jindal-administration-outlines-contract-problems (accessed October 22, 2014).
89 Jeff Adelson, “Louisiana Cancels Medicaid Claims Contract in Wake of Federal Investigation,” Times-Picayune, March 21, 2013, http://www.nola.com/politics/index.ssf/2013/03/louisiana_cancels_medicaid_cla.html (accessed October 22, 2014).
90 See FAR 9.5 (incorporating FAR 2.101’s definition of a conflict of interest that arises where, “because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage”).
91 U.S. Department of Health and Human Services, Office of Inspector General, Conflicts and Financial Relationships Among Potential Zone Program, no. OEI-03-10-00300 (July 2012), http://oig.hhs.gov/oei/reports/oei-03-10-00300.pdf (accessed October 22, 2014).
92 Ibid.
93 North Carolina Department of Health and Human Services, DHHS/DMA Program Integrity Contract with Public Consulting Group, http://www.ncdhhs.gov/dma/bulletin/0411bulletin.htm#pcg (accessed November 29, 2014).
94 “Revenue Management,” Public Consulting Group, http://www.publicconsultinggroup.com/health/publichospital/revenuemanagement.html (accessed September 15, 2014).
95 U.S. Government Accountability Office, GAO-05-748, Medicaid Financing: States’ Use of Contingency-Fee Consultants to Maximize Federal Reimbursements Highlights Need for Improved Federal Oversight 15–43 (2005).
96 University of Massachusetts Medical School, Center for Health Care Financing, Medicaid Claiming, http://chcf.umassmed.edu/services/school-based-medicaid-claiming/medicaid-claiming (accessed November 29, 2014).
97 GAO, Medicaid Financing, 35–36, 88–89.
98 Ibid.
99 Office of Management and Budget, Executive Office of the President, “OMB Circular no. A-76,” Attachment A (2003), http:// www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.pdf (site now discontinued); see also Martha Minow, Outsourcing Power: How Privatizing Military Efforts Challenges Accountability, Professionalism, and Democracy, 46 B.C. L. REV. 989, 1014–15 (2005).
100 Administrative Costs for Children in Title IV-E Foster Care, 70 Fed. Reg. 4803, 4805 (proposed January 31, 2005) (to be codified at 45 C.F.R. pt. 1356).
101 See Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), Report to the Mississippi Legislature on the Department of Human Services’ Use of Revenue Maximization Contracts (2000), no. 413, 19, http://www.peer.state.ms.us/reports/rpt413.pdf.
102 U.S. Department of Health and Human Services, Office of Inspector General, Review of Washington State’s Administrative Costs Claimed for Medicaid School-Based Health Services in State Fiscal Year 2000, no. A-10-01-00011 (2002), 8, http://oig.hhs.gov/oas/reports/region10/h0100011.pdf (accessed October 23, 2014).
103 Ibid., 8–9.
104 Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Cost Analysis and Audit Support for the Substance Abuse and Mental Health Services Administration, no. 283-09-0275 (2009), https://www.fbo.gov/index?s=opportunity&mode=form&id=5dee21914813105b1270b1c153dee391&tab=core&_cview=0&cck=1&au=&ck= (accessed October 22, 2014).
105 GAO, Medicaid Financing, 4.
106 Ibid.
107 Senator Chuck Grassley, “Grassley Seeks Answers on States’ Use of Consultants to Increase Medicaid Funds,” news release, February 13, 2004, http://www.grassley.senate.gov/releases/2004/p04r02-13.htm (site now discontinued).
108 GAO, Medicaid Financing, 40–43.
109 Ibid., app. IV at 67 (citation omitted).
110 Ibid.
111 “Mark Friedman Biography,” Fiscal Policy Studies Institute, http://resultsaccountability.com/mark-friedman-biography/ (last accessed December 8, 2014).
112 Mark Friedman, “The Cosmology of Financing: Financing Reform of Family and Children’s Services,” Center for the Study of Social Policy, June 28, 1994, Part II, http://www.fiscalpolicystudies.com/Documents/cosmology_of_financing.htm.
113 Carasso and Bess, “The Disposition of Federal Dollars in Florida’s Social Services: Informing a Federal Funding Maximization Strategy,” Urban Institute 32 (2003).
114 U.S. Government Accountability Office, GAO-05-836T, Medicaid: States’ Efforts to Maximize Federal Reimbursements Highlight Need for Improved Federal Oversight 11 (2005).
115 U.S. Government Accountability Office, GAO/HEHS/OSI-00-69, Medicaid in Schools: Improper Payments Demand Improvements in HCFA Oversight 31 (2000).
116 Carasso and Bess, “The Disposition of Federal Dollars,” 33.
117 Shaila Dewan, “Needy States Use Housing Aid Cash to Plug Budgets,” New York Times, May 15, 2012, http://www.nytimes.com/2012/05/16/business/states-diverting-mortgage-settlement-money-to-other-uses.html?_r=1&pagewanted=all (accessed October 23, 2014).
118 “Summary of Governor Jindal’s Overview of the FY 2009–2010 Executive Budget,” news release, March 13, 2009, http://www.gov.state.la.us/index.cfm?md=newsroom&tmp=detail&catID=2&articleID=1063&navID=12.
119 Jeff Zeleny, “Gregg Ends Bid for Commerce Job,” New York Times, February 13, 2009, at A1.
120 Kevin Landrigan, “Feds Might Demand $165m Payback: N.H. Official Warns Surplus at Risk over Medicaid ‘Bonus,’” Telegraph, Nashua, New Hampshire, January 31, 2006.
121 Joint Standing Committee on Appropriations and Financial Affairs, An Act to Make Supplemental Appropriations and Allocations for the Expenditures of State Government and to Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2002 and June 30, 2003, LD 2080, 2d Sess. (Maine 2001), 48, http://www.maine.gov/legis/ofpr/afa02.pdf (accessed October 23, 2014).
122 State of Arizona, Joint Legislative Budget Committee, Governor’s Office of Strategic Planning and Budgeting—Report on Federal Revenue Maximization Initiative Part 9 (August 9, 2004), 2, http://www.azleg.gov/jlbc/jlbcag081704.pdf (accessed October 23, 2014).
123 Ibid., 3–4; see also Arizona, Monthly Fiscal Highlights 1 (June 2005), 8, http://www.azleg.gov/jlbc/mfh-jun-05.pdf (accessed October 23, 2014) (“Increased Title IV-E Administrative Claiming and Targeted Case Management: The DCYF operating budget was reduced by $0.9 million in FY 2006 in anticipation of the additional IV-E revenue . . . Title IV-E Funding for Out-of-Home Placement: The DCYF Children Services budget was reduced by $0.5 million in FY 2006 in anticipation of the additional IV-E revenue.”).
124 U.S. Government Accountability Office, CMS Should Improve Reporting and Focus on Audit Collaboration with States, GAO-12-627 (2012), http://www.gao.gov/assets/600/591601.pdf (accessed October 23, 2014).
125 Courier-Journal.com, “Editorial: The Cost of Cuts,” July 7, 2013, http://archive.courier-journal.com/article/20130707/OPINION01/307070028/Editorial-cost-cuts (last accessed December 9, 2014).
126 Mont. Code Ann. § 53-1-610 (2009). (“The department of public health and human services shall seek federal funds to offset general fund expenditures to the maximum extent possible.”)
127 Montana Office of Budget and Program Planning, Public Health and Human Services 6901 (2005), B-9, http://budget.mt.gov/Portals/29/execbudgets/2005_budget/OBPPB.pdf (accessed December 9, 2014). (“The department is currently working on a “refinancing” project, which saves $3,000,000 general fund and increases $3,000,000 in federal funds each year of the biennium.”)
128 Ibid., B-9 to B-10.
129 President Dwight D. Eisenhower, Farewell Address, January 17, 1961, http://www.americanrhetoric.com/speeches/dwightdeisenhowerfarewell.html (accessed October 23, 2014).
130 Adams, The Iron Triangle: The Politics of Defense Contracting, 24–26.
131 Kevin R. Kosar, Congressional Research Service, Privatization and the Federal Government: An Introduction, report prepared for members and committees of Congress, December 28, 2006, 11, http://www.fas.org/sgp/crs/misc/RL33777.pdf (accessed October 23, 2014).
132 House Energy and Commerce Committee Subcommittee on Health, Hearing on Challenges Facing the Medicaid Program in the 21st Century, 108th Cong., October 8, 2003, 58 (statement of Thomas Scully, Administrator, Centers for Medicaid and Medicare Services and Department of Health and Human Services), http://www.hhs.gov/asl/testify/t031008.html (accessed October 23, 2014).
133 Senate, 1965, S Rep. 89–404, 66, as reprinted in 1965 U.S.C.C.A.N. 1943, 2014.
134 Ibid. § 1396a(a)(30)(A).
135 Federal Payments for Foster Care and Adoption Assistance, U.S. Code 42 § 674(a).
136 POMS, “SI § 00830.410 Foster Care Payments,” Social Security Administration, https://secure.ssa.gov/apps10/poms.nsf/lnx/0500830410 (accessed September 15, 2014) (“Foster care payments made under title IV-E (both the Federal amount and State amount) are considered income based on need . . . . to the individual in care”).
137 GAO, Medicaid Financing, note 12, 4–5. http://www.gao.gov/new.items/d05748.pdf.
138 Ibid., 23.
139 See ibid., 4 (describing conclusion that revenue maximization contingency fee in Georgia was paid directly out of the additional Medicaid reimbursements).
140 Ibid. § 1396b(a)(2)-(7); see also Ibid. § 674(a)(3) (stating the same requirement under Title IV-E).
141 Office of Management and Budget, Executive Office of the President, Cost Principles for State, Local and Indian Tribal Governments, Attachment B, § 33(a), no. A-87 (August 29, 1997) (“[C]osts of professional and consultant services . . . are allowable . . . when reasonable in relation to the services rendered and when not contingent upon recovery of the costs from the Federal Government.”); see also U.S. Department of Health and Human Services, Office of the Inspector General, Review of Mississippi’s Retroactive Claim for Foster Care Administrative and Training Costs and Maintenance Payments, A-04-98-00126, (2000), 3, http://oig.hhs.gov/oas/reports/region4/49800126.pdf (accessed October 23, 2014) (applying same conclusion to Title IV-E administrative costs).
142 False Claims, U.S. Code 31 (2009) §§ 3729-3733; False, Fictitious or Fraudulent Claims, U.S. Code 18 (2006) § 287.
143 Civil Actions for False Claims, U.S. Code 31 (2010) § 3730; see also Timothy Stoltzfus Jost, Our Broken Health Care System and How to Fix It: An Essay on Health Law and Policy, 41 WAKE FOREST L. REV. 537, 568 (2006) (“[Q]ui tam provisions of the federal civil False Claims Act encourage knowledgeable insiders to expose secret fraud and corruption”).
144 Civil Actions for False Claims, U.S. Code 31 (2010 § 3729(b).
145 Vt. Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765 (2000).
146 Cook County, Ill. v. United States ex rel. Chandler, 538 U.S. 119 (2003).
1 Candice N. Plotkin, “Study Finds Foster Kids Suffer PTSD,” The Harvard Crimson, April 11, 2005.
2 Georgia Department of Human Resources Division of Family and Children Services, Education and Training Services Section, Social Services IV-E Policy Trainer’s Guide (2006), http://dfcs.dhr.georgia.gov/sites/dfcs.dhs.georgia.gov/files/imported/DHR-DFCS/DHR_DFCS-Edu/Files/IV-E%20PG%20Final%20ver.12-06.pdf (accessed December 3, 2014).
3 Cynthia Andrews Scarcella et al., The Cost of Protecting Vulnerable Children V, Urban Institute, appendix A, http://www.urban.org/UploadedPDF/311314_vulnerable_children.pdf (accessed December 4, 2014).
4 U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, Numbers of Children in Foster Care on September 30th, by State, FY2004–FY2013, http://www.acf.hhs.gov/sites/default/files/cb/children_in_care_2013.pdf (accessed December 4, 2014).
5 National Resource Center for Family-Centered Practice and Permanency Planning, Hunter College School of Social Work, Foster Care Maintenance Payments, June 19, 2008, http://www.hunter.cuny.edu/socwork/nrcfcpp/downloads/foster-care-maintenance-payments.pdf (accessed December 4, 2014).
6 Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER), Report to the Mississippi Legislature on the Department of Human Services’ Use of Revenue Maximization Contracts (2000), no. 413, http://www.peer.state.ms.us/reports/rpt413.pdf.
7 Georgia Medicaid Manual, “Assistance for Children in Placement,” Funding Sources (2012) vol. II/MA, MT 45, sec. 2805-1-2, http://www.georgiamedicaidlaw.net/gamedicaid/2805.pdf (last accessed December 10, 2014).
8 National Council of Juvenile and Family Court Judges, Child Welfare Finance Reform Policy Statement (2011), http://www.chhs.ca.gov/CWCDOC/022813_PEI_Committee_childwelfarefinancereform_Courts.pdf.
9 Ibid.
10 Ibid.
11 DHHS Office of the Controller, IV-E Foster Care Rate Setting User’s Manual (2013), http://www.ncdhhs.gov/control/fcf/FC_rate_setting_manual.pdf.
12 Susan Combs, Texas Comptroller of Public Accounts, “HHS 32: Increase Federal Health and Human Services Funding to Local Governments: Texas should increase the federal funding of local health and human services by helping local governments claim local expenditures,” Window on State Government, http://www.cpa.state.tx.us/tpr/tpr4/c2.hhs/c232.html (accessed October 8, 2014).
13 Ibid.
14 Public Consulting Group, Technical Proposal for Kentucky Department for Community Based Services, SSI Eligibility Determination, May 26, 2010, 115 (on file with author).
15 Fred Grimm, “Creating Juvenile Zombies, Florida-Style,” Miami Herald, May 28, 2011.
16 David Sessions, “Psychotropic Drug Abuse in Foster Care Costs Government Billions,” Politics Daily, http://www.politicsdaily.com/2010/06/17/psychotropic-drug-abuse-in-foster-care-costs-government-billions/ (accessed December 1, 2014).
17 Ibid.
18 Adam Carasso and Roseana Bess, Final Report to Florida Philanthropic Network on the Disposition of Federal Dollars in Florida’s Social Services: Informing a Federal Funding Maximization Strategy, (Urban Institute, 2003), 56–57, http://www.urban.org/UploadedPDF/410822_federal_dollars.pdf.
19 Cynthia Andrews Scarcella and Roseana Bess, eds., The Cost of Protecting Vulnerable Children IV: How Child Welfare Funding Fared during the Recession (Urban Institute, 2004), 25, http://www.urban.org/UploadedPDF/411115_VulnerableChildrenIV.pdf.
20 479 NAC 2-001.08.
21 Daniel L. Hatcher, “Foster Children Paying for Foster Care,” 27 CARDOZO L. REV. 1797 (2006). (Article provided foundational research and material for this chapter of the book.)
22 “Westchester, Putnam Police Briefs, D.A.: Social Worker Stole Death Benefits,” Journal News, January 25, 2011, http://www.lohud.com/article/20110126/NEWS01/101260328/Westchester-Putnam-police-briefs (accessed October 23, 2014).
23 Ibid.
24 Ibid.
25 Lorraine Ahearn, “At Eleventh Hour, Judge Saves Boy in Foreclosure,” Greensboro News & Record, December 18, 2005.
26 In re J.G., 86 N.C. App. 498–501 (2007).
27 Kevin P. Mahon, Westchestergov.com, agreement letter to Board of Acquisition and Contract, July 1, 2010, http://aandc.westchestergov.com/data/FinalResolution/12244.pdf.
28 Ahearn, “At Eleventh Hour, Judge Saves Boy in Foreclosure,” 500–501.
29 Ibid. at 507–508.
30 Charisse S. Johnson, ”Use of a Child’s Resources,” administrative letter FSCWS-17-07 to County Directors of Social Services, North Carolina Department of Health and Human Services Division of Social Services, December 18, 2007, http://info.dhhs.state.nc.us/olm/manuals/dss/csm-05/man/FSCWS_AL_17_07.htm.
31 MAXIMUS, “Spotlight on Iowa SSI Advocacy,” http://www.maximus.com/so-child-welfare (accessed on November 17, 2014).
32 Public Consulting Group, “Social Security Advocacy Management Services—SSAMS™ Offerings for Foster Care Agencies,” http://www.publicconsultinggroup.com/humanservices/SSI_SSDI/ssi_for_fostercare.html (accessed October 16, 2014).
33 Ibid.
34 Internal email to Greg Holland, Maryland Department of Human Resources, from Fateen J. Bullock, director, Benefits and Eligibility Advocacy Services, MAXIMUS, January 10, 2013 (on file with author).
35 MAXIMUS, SSI/SSDI Assessment Report, Maryland Department of Human Resources, February 22, 2013, 3 (on file with author).
36 Maryland Department of Human Resources, MAXIMUS Benefits & Eligibility Advocacy Services, SSI/SSDI Assessment Report, February 2013 (on file with author).
37 Ibid., 5.
38 Ibid., 12.
39 Ibid.
40 Internal email to Greg Holland, Maryland Department of Human Resources, from Fateen J. Bullock, Director, Benefits & Eligibility Advocacy Services, MAXIMUS, January 2, 2013 (on file with author).
41 MAXIMUS, Maryland SSI Advocacy Pilot Project Work Plan, September 2012 (on file with author).
42 MAXIMUS, SSI/SSDI Assessment Report, 12–13.
43 F.M. Blake, A Division of Public Consulting Group, Inc., Cost Proposal, FY09 & FY10 SSI Screening and Determinations for Children, Commonwealth of Kentucky, April 28, 2008, 3 (on file with author).
44 McDowell, Stromatt & Associates, Technical Proposal, FY09 & FY10 DCBS-SSI Eligibility for Children, May 3, 2008, 8 (on file with author).
45 Public Consulting Group, Technical Proposal, SSI Eligibility Determination, Kentucky Dept. for Community Based Services, May 26, 2010, 31 (on file with author).
46 F.M. Blake, A Division of Public Consulting Group, Inc., Technical Proposal, FY09 & FY10 SSI Screening and Determinations for Children, Commonwealth of Kentucky, April 28, 2008, 11 (on file with author).
47 Ibid., 15.
48 Ibid., 16.
49 Public Consulting Group, SSI Eligibility Determination, Kentucky Department for Community Based Services, Letter accompanying proposal, May 26, 2010, 4 (on file with author).
50 Ibid., Technical Proposal, 83–84.
51 Ibid.
52 Ibid., 84.
53 Ibid.
54 Shirley Baack, Nebraska Department of Health and Human Services, internal email regarding public records request and attaching copy of statute 43-907 “that allows DHHS to use the SSI and SSA funds of State Wards to reimburse foster care . . . ,” June 6, 2013 (on file with author).
55 479 NAC 2-001.08B2.
56 Shirley Baack, Nebraska Department of Health and Human Services, internal email including spreadsheet showing the amount of state use of foster children’s Social Security funds as cost reimbursement, June 6, 2013 (on file with author).
57 MAXIMUS, Inc., MAXIMUS SSI Advocacy Project, Presentation for Director Thomas Pristow, Nebraska Department of Health and Human Services, Division of Children and Family Services, June 12, 2012, 10 (on file with the author).
58 Ibid., 13.
59 MAXIMUS, Inc., Proposal to Provide Appropriate Application Title II (SSA) and Title XVI (SSI) for the Nebraska Department of Health and Human Services, Division of Children and Family Services, Technical Proposal, RFP #38688-03, October 20, 2008, A.2–5 (on file with author).
60 Public Consulting Group, SSI/SSDI Assessment Report, Division of Family and Children’s Services, Georgia Department of Human Services, November 3, 2009 at 16 (on file with author).
61 Accenture, Georgia SHINES: Child Welfare Automation, http://www.accenture.com/us-en/Pages/success-georgia-shines-child-welfare-automation-summary.aspx (accessed December 1, 2014).
62 Department of Family and Children’s Services, Georgia Department of Human Services, Administration Policies and Procedures Manual, § 2403.1 Restricted Funds–Children, October 2009 (on file with author).
63 Public Consulting Group, SSI/SSDI Assessment Report, 3.
64 Ibid., 24, 25.
65 Roger Munns, Iowa Department of Human Services Public Information Officer, Letter to Daniel L. Hatcher, June 13, 2013 (on file with author).
66 MAXIMUS, Inc., Bid Proposal for Iowa Department of human Services SSI Advocacy Project, § K Cost Proposal, February 12, 2009, 3 (on file with author).
67 MAXIMUS, Inc., Bid Proposal for Iowa Department of human Services SSI Advocacy Project, Letter Accompanying Technical Proposal, February 12, 2009, 2 (on file with author).
68 Public Consulting Group, Social Security Advocacy Assessment, State of Florida, Department of Children and Families, September 14, 2012, 28.
69 Ibid., 28, 29.
70 Ibid., 5.
71 Ibid.
72 Ibid.
73 Ibid., 6.
74 MAXIMUS, Bid Proposal for Iowa Department of Human Services SSI Advocacy Project, Technical Proposal, C-2 (on file with author).
75 Memorandum from Carnitra D. White, Executive Director, Maryland Social Services Administration, to directors of local offices, regarding Supplemental Security Income (SSI) Project, September 11, 2012 (on file with author). Maryland has since received a federal waiver of the rules, so the state can claim both IV-E and SSI for foster children.
76 In the Matter of J.G., 2006 WL 6086103, 2 (N.C.App.) (Brief of Amicus Curiae North Carolina Association of County Commissioners).
77 Ibid., 3.
78 Commonwealth of Kentucky, Contract with McDowell, Stromatt & Associates, SSI Eligibility Determinations for Children, June 24, 2008, 9 (on file with author).
79 Ibid.
80 MAXIMUS, Inc., MAXIMUS SSI Advocacy, Important Facts for Youth in Foster Care (on file with the author).
81 MAXIMUS, Inc., Bid Proposal for Iowa Department of Human Services SSI Advocacy Project, Technical Proposal, February 12, 2009, E-11 (on file with author).
82 Public Consulting Group, SSI/SSDI Assessment Report, Division of Family and Children’s Services, Georgia Department of Human Services, November 3, 2009 at 13 (on file with author).
83 Public Consulting Group, GA DFCS SSI Assessment—Site Visit Summary, Thursday, September 24, 2009 (on file with author).
84 Ibid.
85 Margaret Bitz, Unit Administrator, Nebraska Department of Health and Human Services, internal email regarding SSI, October 11, 2012 (on file with author).
86 Program Operations Manual System (POMS), “GN 00502.110 Taking Applications in the RPS, TN 35 (07–08): B3,” Social Security Administration, http://policy.ssa.gov/poms.nsf/ lnx/0200502110 (accessed October 23, 2014) (hereinafter “POMS”).
87 Ibid. §§ 404.2021(c), 416.621(c).
88 What happens to your monthly benefits while we are finding a suitable representative payee for you?, Code of Federal Regulations, title 20, sec. 404.2011 (2005).
89 Social Security Administration, Office of the Inspector General, Financial-Related Audit of the Baltimore City Department of Social Services—An Organizational Representative Payee for the Social Security Administration, A-13-00-10066 (2001), 4–8, http://www.ssa.gov/oig/ ADOBEPDF/A-13-00-10066.pdf.
90 Social Security Administration, Office of the Inspector General, Analysis of Information Concerning Representative Payee Misuse of Beneficiaries’ Payments, A-13-01-11004 (2002), http://www.ssa.gov/oig/ADOBEPDF/A-13-01-11004.pdf.
91 MAXIMUS, Technical Proposal in Response to Maryland Department of Human Resources, Social Services Administration, Small Procurement Solicitation for Consultation Services, DHR Agency Control No. SSA/CS 13-001 S, June 22, 2012, 5 (on file with author).
92 F.M. Blake, A Division of Public Consulting Group, Inc., Technical Proposal, FY09 & FY10 SSI Screening and Determinations for Children, Commonwealth of Kentucky, April 28, 2008, 14 (on file with author).
93 Commonwealth of Kentucky, Contract with McDowell, Stromatt & Associates, 11–12.
94 I have been involved in much of the litigation, both as lead counsel for a former foster child named Alex and as counsel for advocacy organizations filing an amicus brief in support of the foster child in another case (In re Ryan W.)
95 Wash. State Dep’t of Soc. & Health Servs. v. Guardianship Estate of Keffeler, 537 U.S. 371, 378, 382 (2003).
96 Washington State Dep’t of Social & Health Services v. Guardianship Estate of Keffeler, 537 U.S. 371 (2003).
97 In re Ryan W., 434 Md. 577 (2013) (The author of this book was co-counsel for amici supporting the foster child’s appeal).
98 Social Security Act, U.S. Code 42 (2006), § 672(a)(1).
99 Ibid., § 675(4)(A).
100 Connor B. v. Patrick, 771 F. Supp. 2d 142 (D. Mass. 2011).
101 SSA, Office of the Inspector General, Hawaii Dep’t Of Human Services—An Organizational Representative Payee for the Social Security Administration, A-09-08-28045 (2008), 5, (emphasis added) (citing Code of Federal Regulations, title 45, sec. 92.24 (2012)), http://oig.ssa.gov/sites/default/files/audit/full/html/A-09-08-28045.html (accessed October 23, 2014).
102 Use of Benefit Payments, Code of Federal Regulations, title 20, sec. 404.2040(a) (2012).
103 47 Fed. Reg. 30,468, 30,470 (July 14, 1982).
104 Social Security Program Operation Manual System (POMS) GN 00602.030.
105 POMS, “§GN 00602.001 Use of Benefits,” Social Security Administration, https://secure.ssa.gov/apps10/poms. nsf/lnx/0200602001 (site now discontinued).
106 Social Security Administration, Training Organizational Representative Payees, Unit 4, http://www.ssa.gov/payee/LessonPlan-2005-2.htm (accessed November 29, 2014).
107 Ibid., Unit 4.
108 Consumer Financial Protection Bureau, Managing Someone Else’s Money: Help for Representative Payees and VA Fiduciaries, October 2013, http://files.consumerfinance.gov/f/201310_cfpb_lay_fiduciary_guides_representative.pdf (accessed November 29, 2014).
109 Ibid.
110 Social Security Administration, Representative Payee Program Fact Sheet, http://www.ssa.gov/payee/factsheetengl.htm (accessed November 29, 2014).
111 Maryland Senate Bill No. 914, Maryland 434th Session of the General Assembly, 2014 (The author of this book testified in support of the bill).
112 Ibid. Hearing before Senate Judicial Proceedings Committee, February 27, 2014, http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=sb0914&stab=01&ys=2014RS (accessed December 4, 2014). As of the time of this writing, the agency has not yet supported the legislation to protect foster children’s resources. The hope is that, if the legislation is introduced again in 2016, the Maryland agency will change its mind and decide to truly protect the children’s best interests.
113 Armstrong v. United States, 364 U.S. 40, 49 (1960).
1 Monitor Staff, “No Pride in Taxing State’s Hospital Beds,” Concord Monitor, May 1, 2011, http://www.concordmonitor.com/article/254529/no-pride-in-taxing-states-hospital-beds?CSAuthResp=1339288174%3Ae3hpcr3lh2npm9vpfpdrhqta13%3ACSUserId%7CCSGroupId%3Aapproved%3A022D7C75109B46B1CD4DE4E81DEA9114&CSUserId=94&CSGroupId=1 (accessed October 16, 2014); Monitor Staff, “With Revenue Down, Medicaid Enhancement Tax Creates Headaches,” April 14, 2013, http://www.concordmonitor.com/news/politics/5546218-95/with-revenue-down-medicaid-enhancement-tax-creates-headaches (accessed December 21, 2014).
2 Dr. Marjorie Kanof, U.S. GAO, Medicaid Financing: Long-Standing Concerns about Inappropriate State Arrangements Support Need for Improved Federal Oversight, GAO-08-255T (2007), http://www.gao.gov/assets/120/118488.pdf (emphasis added) (accessed October 15, 2014).
3 Ibid., emphasis added.
4 Kathryn G. Allen, U.S. Government Accountability Office, Medicaid: Intergovernmental Transfers Have Facilitated State Financing Schemes, GAO-04-574T (2004), http://www.gao.gov/new.items/d04574t.pdf (accessed October 15, 2014).
5 Kathryn G. Allen, U.S. Government Accountability Office, Medicaid: Intergovernmental Transfers Have Facilitated State Financing Schemes, GAO-04-574T, (2004), http://www.gao.gov/assets/120/110702.pdf (accessed October 15, 2014).
6 Kathryn G. Allen, U.S. Government Accountability Office, Medicaid: States’ Efforts to Maximize Federal Reimbursements Highlight Need for Improved Federal Oversight, GAO-05-836T (2005), http://www.gao.gov/assets/120/111839.pdf (accessed October 15, 2014).
7 Kathryn G. Allen, U.S. Government Accountability Office, Medicaid: Improved Federal Oversight of State Financing Schemes Is Needed, GAO-04-228 (2004), http://www.gao.gov/assets/250/241469.pdf (accessed October 15, 2014).
8 Ibid.
9 Peggy Archer, Oregon Legislative Fiscal Office, Budget Information Brief/2001-4: Medicaid Upper Payment Limit (Salem, 2001), http://www.oregonlegislature.gov/lfo/Documents/bb2001_4.pdf (accessed October 24, 2014).
10 Ibid.
11 Dr. Marjorie Kanof, U.S. Government Accountability Office, Medicaid Financing: Long-Standing Concerns about Inappropriate State Arrangements Support Need for Improved Federal Oversight, GAO-08-255T (2007), http://www.gao.gov/assets/120/118488.pdf (accessed October 15, 2014).
12 Susan Combs, Texas Comptroller of Public Accounts, Certification Revenue Estimate 2008–09 (estimating 439.3 million in general fund revenue from the disproportionate share hospital program), http://www.texastransparency.org/State_Finance/Budget_Finance/Reports/Certification_Revenue_Estimate/cre0809/cre08.pdf (accessed November 30, 2014); Susan Combs, Texas Comptroller of Public Accounts, Certification Revenue Estimate 2010–11 (estimating 595 million in general fund revenue from the disproportionate share hospital program and upper payment limit program), http://www.texastransparency.org/State_Finance/Budget_Finance/Reports/Certification_Revenue_Estimate/cre1011/text.php (accessed November 30, 2014); Susan Combs, Texas Comptroller of Public Accounts, Certification Revenue Estimate 2012–13 (estimating 669 million in general fund revenue from the disproportionate share hospital program and upper payment limit program), http://www.texastransparency.org/State_Finance/Budget_Finance/Reports/Certification_Revenue_Estimate/cre1213/text.php (accessed November 30, 2014).
13 Harvey Rice, “State Diverts Funds Meant for Hospitals,” Houston Chronicle, April 1, 2013, Section: B Health Care.
14 Ibid.
15 Ibid.
16 Ibid.
17 U.S. Government Accountability Office, Medicaid: More Transparency of and Accountability for Supplemental Payments Are Needed, GAO-13-48 (2012), http://www.gao.gov/assets/660/650322.pdf (accessed October 15, 2014).
18 Ibid.
19 Ibid., FN 19.
20 Wisconsin Health Care Association (WHCA)/Wisconsin Center for Assisted Living (WiCAL), Background Paper: Funding Sources to Support Nursing Home Resident Care (2007), http://archives.whcawical.org/whca-docs/032007wn-a.pdf (accessed October 15, 2014).
21 Daniel L. Hatcher, “Romney’s Medicaid Shell Game,” Boston Globe, October 12, 2012. (My op-ed provided material and background for this section of the book.)
22 Commonwealth of Massachusetts, “Executive Summary: Highlights,” Governor’s Budget Recommendation House 1 Fiscal Year 2004, http://www.mass.gov/bb/fy2004h1/execsumm/ (accessed October 22, 2014).
23 “Medicaid Money Laundering,” Wall Street Journal, May 19, 2008, http://online.wsj.com/article/SB121115735476802403.html (accessed October 22, 2014).
24 Chris Fletcher, “Valley News: Why Big Hospitals Are Suing N.H.,” New Hampshire Center for Public Policy Studies, August 6, 2011, http://www.nhpolicy.org/news/valley-news-why-big-hospitals-are-suing-nh (accessed October 22, 2014).
25 Commonwealth of Massachusetts, “Budget Recommendations: FFP for the Uncompensated Care Trust Fund,” Governor’s Budget Recommendation House 1 Fiscal Year 2004, http://www.mass.gov/bb/fy2004h1/outsec/h280.htm (accessed October 22, 2014). Emphasis added.
26 Commonwealth of Massachusetts, “Budget Recommendations: FFP for Disproportionate Share Hospital Payments to DMH/DPH Facilities,” Governor’s Budget Recommendation House 1 Fiscal Year 2004, http://www.mass.gov/bb/fy2004h1/outsec/h281.htm (accessed October 22, 2014). Emphasis added.
27 Commonwealth of Massachusetts, “Nursing Home Assessment to the General Fund,” Governor’s Budget Recommendation House 1 Fiscal Year 2004, http://www.mass.gov/bb/fy2004h1/outsec/h144.htm (accessed October 22, 2014); Commonwealth of Massachusetts, “Pharmacy Assessment to the General Fund,” Governor’s Budget Recommendation House 1 Fiscal Year 2004, http://www.mass.gov/bb/fy2004h1/outsec/h147.htm (accessed October 22, 2014).
28 Public Consulting Group, Jim Waldinger, Health Care Reform Subject Matter Expert, http://www.publicconsultinggroup.com/health/sme/JimWaldinger.html (accessed November 30, 2014.
29 U.S. Government Accountability Office, Medicaid Financing: States’ Use of Contingency-Fee Consultants to Maximize Federal Reimbursements Highlights Need for Improved Federal Oversight, GAO-05-748 (2005), http://www.gao.gov/assets/250/246870.pdf (emphasis added) (accessed November 30, 2014)
30 Ibid.
31 Missouri Hospital Association, The Hospital Federal Reimbursement Allowance, white paper submitted to the Missouri Department of Economic Development, October 8, 2010, http://www.ded.mo.gov/Content/MO%20Hospital%20Assn%2c%20THE%20HOSPITAL%20FEDERAL%20REIMBURSEMENT%20ALLOWANCE.pdf (accessed October 22, 2014).
32 1992 Mo. Legis. Serv. H.B. 1744, (L.1992, H.B. No. 1744(§ 208.420). Emphasis added.
33 Ibid., § 208.435. Emphasis added.
34 Ibid., § 208.400. Emphasis added.
35 Missouri Hospital Association, The Hospital Federal Reimbursement Allowance.
36 Ibid.
37 Ibid.
38 Ibid.
39 Ibid.
40 Alabama Medicaid Pharmacy Study Commission, Medicaid: A Time for Change (2012), slides, http://www.medicaid.alabama.gov/documents/2.0_Newsroom/2.2_Boards_Committees/2.2.1_Med_Adv_Comission/2.2.1_Advisory_Commission_Presentation_11-1-12.pdf (accessed October 23, 2014).
41 Kathryn G. Allen and Robert H. Hast, U.S. General Accounting Office, Medicaid: Poor Oversight and Improper Payments Compromise Potential Benefit, GAO/T-HEHS/OSI-00-87 (2000), http://www.gao.gov/assets/110/108362.pdf (accessed October 15, 2014).
42 U.S. Department of Health and Human Services, Office of Inspector General, Review of Maine’s Medicaid Retroactive Claims for School-Based Health Services—January 2001 Through June 2003, A-01-04-00004 (2005), https://oig.hhs.gov/oas/reports/region1/10400004.pdf.
43 William J. Scanlon, U.S. General Accounting Office, Medicaid: Questionable Practices Boost Federal Payments for School-Based Services, GAO/T-HEHS-99-148, (1999), http://www.gao.gov/assets/110/107966.pdf (accessed October 15, 2014).
44 Robert H. Hast, Office of Special Investigations, U.S. General Accounting Office, “Gratuities Provided to Officials Responsible for the Procurement of Michigan School-Based Medicaid Consulting Services, B-286188,” letter to William V. Roth, Jr. and Daniel Patrick Moynihan, September 8, 2000, http://www.gao.gov/assets/100/90080.pdf.
45 Ibid.
46 Thomas P. DiNapoli, Office of the New York State Comptroller, “Special Education Contractors Misusing Taxpayer Dollars: Multiple Felony Arrests Stemming from Audits,” news release, June 25, 2012, http://www.osc.state.ny.us/press/releases/june12/062512.htm (accessed October 22, 2014).
47 Ibid.
48 Ibid.
49 Emma G. Fitzsimmons, “Contractor Who Ran Special Education Pre-K Programs Is Charged with Fraud,” New York Times, November 7, 2013.
50 Ibid.
51 Kathryn G. Allen and Robert H. Hast, U.S. General Accounting Office, Medicaid: Poor Oversight and Improper Payments Compromise Potential Benefit, GAO/T-HEHS/OSI-00-87 (2000), http://www.gao.gov/assets/110/108362.pdf (accessed October 15, 2014).
52 Ibid.
53 State of New Jersey, Special Education Medicaid Initiative (SEMI): Provider Handbook (Public Consulting Group, 2011), http://www.nj.gov/treasury/administration/pdf/semi-handbook.pdf.(accessed October 24, 2014).
54 Christopher D. Cerf, Department of Education, “Special Education Medicaid Initiative SY13–14 Revenue Projections,” letter to Chief School Administration, Charter School Lead Person, School Business Administrators, and Directors of Special Education, January 29, 2013, http://www.state.nj.us/treasury/administration/pdf/SpecialEducationMedicaidInitiative.pdf (accessed December 12, 2014).
55 Ibid.
56 N.J. Admin. Code tit. 6A, 6A:23A-5.3.
57 Christopher D. Cerf, Department of Education, “Special Education Medicaid Initiative SY14–15 Revenue Projections,” letter to Chief School Administration, Charter School Lead Person, School Business Administrators, and Directors of Special Education, January 28, 2014, http://education.state.nj.us/broadcasts/2014/JAN/28/10825/SEMI%20Broadcast.pdf (accessed October 24, 2014).
58 State of New Jersey, Department of the Treasury, Semi Parental Consent Best Practices, http://www.state.nj.us/treasury/administration/pdf/semi-parental-consent-best-prectices.pdf (accessed October 24, 2014).
59 Ibid.
60 State of New Jersey, Department of the Treasury, General Provisions, http://www.state.nj.us/treasury/omb/publications/14approp/pdf/genprov.pdf (accessed October 24, 2014).
61 Ibid.
62 Daniel R. Levinson, Department of Health and Human Services, Office of Inspector General, Review of New Jersey’s Medicaid School-Based Health Claims Submitted by Maximus, Inc., A-02-07-01051 (2010), https://oig.hhs.gov/oas/reports/region2/20701051.pdf (accessed November 30, 2014).
63 Ibid.
64 Daniel R. Levinson, Department of Health and Human Services, Office of Inspector General, Review of New Jersey’s Medicaid School-Based Health Claims Submitted by Public Consulting Group, Inc., A-02-07-01052 (2010), https://oig.hhs.gov/oas/reports/region2/20701052.pdf (accessed October 15, 2014).
65 Tony Gicas, “Extra Revenue for Schools,” NorthJersey.com, November 30, 2012, http://www.northjersey.com/news/181487561_Extra_revenue_for_schools.html (accessed October 22, 2014).
66 Ibid.
67 William J. Scanlon, U.S. General Accounting Office, Medicaid: Questionable Practices Boost Federal Payments for School-Based Services, GAO/T-HEHS-99-148 (1999), http://www.gao.gov/assets/110/107966.pdf (accessed November 30, 2014).
68 Ibid.
69 Ibid.
70 Senate Committee on Finance, U.S. Department of Health and Human Services, Office of Inspector General, Testimony of: George M. Reeb, Assistant Inspector General for the Centers for Medicare & Medicaid Audits, June 28, 2005, https://oig.hhs.gov/testimony/docs/2005/50628-reeb-fin.pdf (accessed October 24, 2014).
71 Ibid.
72 Ibid.
73 Families for Better Care, “New York,” Nursing Report Cards, http://nursinghomereportcards.com/state/ny/ (accessed October 22, 2014). Emphasis added.
74 Senate Committee on Finance, U.S. Department of Health and Human Services, Office of Inspector General, Testimony of: George M. Reeb, Assistant Inspector General for the Centers for Medicare & Medicaid Audits, June 28, 2005, https://oig.hhs.gov/testimony/docs/2005/50628-reeb-fin.pdf (accessed October 24, 2014).
75 U.S. Department of Health and Human Services, Office of Inspector General, Adequacy of New York State’s Medicaid Payments to A. Holly Patterson Extended Care Facility, A-02-03-01004 (2005), Appendix B, http://oig.hhs.gov/oas/reports/region2/20301004.pdf (accessed October 24, 2014).
76 Ibid.
77 Senate Committee on Finance, U.S. Department of Health and Human Services, Office of Inspector General, Testimony of: George M. Reeb, Assistant Inspector General for the Centers for Medicare & Medicaid Audits, June 28, 2005, https://oig.hhs.gov/testimony/docs/2005/50628-reeb-fin.pdf (accessed October 24, 2014).
78 U.S. General Accounting Office, Nursing Homes: CMS’s Special Focus Facility Methodology Should Better Target the Most Poorly Performing Homes, Which Tended to Be Chain Affiliated and For-Profit, GAO-09-689, August 2009 at 15, http://www.gao.gov/assets/300/294408.pdf (accessed November 30, 2014).
79 Associated Press, “Many Indiana Nursing Homes Understaffed,” Journal Gazette, March 8, 2010, http://www.journalgazette.net/article/20100308/NEWS07/100309573/-1/NEWS09 (accessed October 22, 2014).
80 Ibid.
81 Families for Better Care, “Indiana,” Nursing Report Cards, http://nursinghomereportcards.com/state/in/ (accessed October 22, 2014).
82 “Indiana Nursing Home Medicaid Reimbursement Update,” H.O.P.E., September 2011, http://www.hoosierownersandproviders.org/Uploads/1109.pdf (last accessed December 22, 2014).
83 Christopher D. Atkins, “List of Appropriations,” Regular Session of the 2013 Indiana General Assembly, State Budget Agency (2013), http://www.in.gov/sba/files/AP_2013_0_0_2_Budget_Report.pdf (accessed October 15, 2014).
84 Regular Session of the 2011 Indiana General Assembly, State Budget Agency, Adam M. Horst, List of Appropriations (2011), http://www.in.gov/sba/files/ap_2011_all.pdf (accessed October 15, 2014).
85 Indiana State Budget Agency, General Fund and Rainy Day Fund Summaries (2011), http://www.in.gov/sba/files/FY_2011_Close-Out_Surplus_Statement.pdf (accessed October 15, 2014).
86 Heather Gillers, Tim Evans, Mark Nichols, and Mark Alesia, “Crisis of Care Among State Nursing Homes, 1 in 10 Indiana Nursing Homes is Rated Among the Worst in the U.S.,” Indystar.com, March 7, 2010, http://www.indystar.com/article/20100309/NEWS14/3070442/Crisis-care-among-state-nursing-homes (accessed October 22, 2014).
87 Families for Better Care, “Maryland,” Nursing Report Cards, http://nursinghomereportcards.com/state/md/ (accessed October 22, 2014).
88 Ibid.
89 Kevin Spradlin, “Nursing Home Administrators Say Tax Would Penalize Elderly,” Cumberland Times-News, February 24, 2010, http://www.times-news.com/news/local_news/nursing-home-administrators-say-tax-would-penalize-elderly/article_3408dba9-311a-5a4c-b186-9cf49c6fa20a.html (accessed October 22, 2014).
90 MD HEALTH GEN § 19-310.1, amended by Acts 2012, 1st Sp. Sess., c. 1, § 1, eff. June 1, 2012.
91 MD HEALTH GEN § 19-310.1, amended by Acts 2010, c. 484, § 3, eff. June 1, 2010.
92 Ibid. (emphasis added).
93 Ibid.
94 U.S. Government Accountability Office, Medicaid: States Reported Billions More in Supplemental Payments in Recent Years, GAO 12-694, July 2012 at 18, http://www.gao.gov/assets/600/592785.pdf (accessed November 30, 2014).
95 Indiana State Budget Agency, General Fund: Combined Statement of Unappropriated Reserve, http://www.in.gov/sba/files/ap_2011_0_0_51_reserve.pdf (accessed November 30, 2014).
96 State of North Carolina, General Fund Monthly Financial Report, May 31, 2013, http://www.osc.nc.gov/pdfs/May_2013_General_Fund_Monthly_Report.pdf (accessed November 29, 2014).
97 http://www.window.state.tx.us/taxbud/cre-current/text.html.
98 Bob Norberg, “California Hospital Group Proposes Ballot Initiative for Medi-Cal Provider Free,” California Healthline, October 10, 2013, http://www.californiahealthline.org/capitol-desk/2013/10/california-hospital-group-proposes-ballot-initiative-for-medi-cal-provider-fee (accessed October 22, 2014).
99 Florida Agency for Health Care Administration, Florida Medicaid Intergovernmental Transfer Technical Advisory Panel Report (2011), http://ahca.myflorida.com/Medicaid/igt/docs/Final%20_IGT_TAP_Report_010611.pdf (accessed October 22, 2014).
1 See, generally, Daniel L. Hatcher, Child Support Harming Children: Subordinating the Best Interests of Children to the Fiscal Interests of the State, 42 WAKE FOREST L. REV. 1029 (2007); Daniel L. Hatcher, Collateral Children: Consequence and Illegality at the Intersection of Foster Care and Child Support, 74 BROOKLYN L. REV. 1333 (2009). (Both articles provided research background and material for this chapter of the book.)
2 Department of Health and Human Services, Notices, “Office of Child Support Enforcement; Privacy Act of 1974; System of Records,” Federal Register 75, no. 139 (July 21, 2010): 42453, http://www.gpo.gov/fdsys/pkg/FR-2010-07-21/pdf/2010-17738.pdf (accessed November 3, 2014).
3 For simplicity, this chapter refers to custodial parents as mothers and noncustodial parents as fathers, although certainly recognizing that the situation is often reversed.
4 Harvey v. Marshall, 389 Md. 243 (2005). The author of this book was co-counsel for the appellant.
5 Ibid.
6 If a foster child is not eligible for IV-E payments, a state is not required by federal law to seek child support payments from the parents. However, even without the federal mandate, several states have established their own procedures that require parents of children in state-funded foster care to make child support payments in order to repay the state costs.
7 In re T.D.P., 164 N.C. App. 287 (2004).
8 Virginia v. Autry, 441 A.2d 1056, 1060 (Md. 1982) (citing 1781 Md. Laws, ch. 13, § 1).
9 William Blackstone, Commentaries on the Laws of England, vol. 1 (Chicago: Callaghan and Company, 1871), 446–447.
10 33 Vt. Stat. Ann. § 4106(f).
11 Powers v. Office of Child Support, 173 Vt. 390 (2002).
12 Ibid. at 398.
13 Department of Revenue, Child Support Enforcement Division v. Pealatree, 996 P.2d 84 (2000).
14 Harvey v. Marshall, 389 Md. 243 (2005). The author of this book was co-counsel for the appellant.
15 Ibid.
16 Ibid.
17 Harvey, 389 Md. at 251–254.
18 Ibid.
19 Ibid., 252–254.
20 Ibid.
21 Harvey v. Marshall, 158 Md.App. 355, 385 (2005).
22 Ibid.
23 Ibid.
24 Harvey v. Marshall, Brief of Appellee, Md. Ct. of Appeals, September Term 2004, No. 109 at 26; Harvey v. Marshall, Brief of Appellee, Md. Ct. of Special Appeals, September Term 2003, No. 532 at 22.
25 Office of Child Support Enforcement, U.S. Department of Health and Human Services, “The Story Behind the Numbers: Who Owes the Child Support Debt?” 1 (2004), http://www.acf.hhs.gov/programs/cse/pol/IM/2004/im-04-04.htm.
26 Joseph DiPrimio, Executive Director, Child Support Enforcement Administration, Maryland Department of Human Services, Testimony in Opposition to House Bill 550, February 14, 2014 (on file with author).
27 Ibid.
28 See House Committee on Ways and Means, Testimony of: Harry J. Holzer, Ph.D., Professor at Georgetown University and Visiting Fellow at the Urban Institute, Georgetown University Public Policy Institute, January 24, 2007, http://waysandmeans.house.gov/hearings.asp?formmode=view&id=5398 (site now discontinued).
29 Ho-Po Crystal Wong, “Does Stricter Child Support Enforcement Create More Criminal Dads? A Study of the Effect of Child Support Enforcement Policy on Crimes” (November 16, 2014), available at SSRN: http://ssrn.com/abstract=2526438 or http://dx.doi.org/10.2139/ssrn.2526438 (accessed December 5, 2014).
30 U.S. Department of Health and Human Services, Office of Inspector General, Client Cooperation with Child Support Enforcement: Challenges and Strategies to Improvement, OEI-06-98-0004 (2000), 7, http://oig.hhs.gov/oei/reports/oei-06-98-00041.pdf (accessed November 3, 2014) [hereinafter Challenges and Strategies].
31 See Maria Cancian, Daniel R. Meyer, and Jen Roff, The Effects of Child Support Pass-Through and Disregard Policies, Report to the Wisconsin Department of Workforce Development (2006).
32 Ibid.
33 Challenges and Strategies at 16.
34 Ibid.
35 In re T.D.P., 164 N.C. App. 287 (2004), affirmed per curiam, In re T.D.P., 359 N.C. 405 (2004).
36 Ibid.
37 U.S. Department of Health and Human Services, Office of Inspector General, Child Support for Children in IV-E Foster Care, OEI-04-91-00530 (1992), http://oig.hhs.gov/oei/reports/oei-04-91-00530.pdf (accessed November 3, 2014).
38 Andrea J. Sedlak and Diane D. Broadhurst, U.S. Dept. of Health and Human Services, Administration for Children and Families, National Center on Child Abuse and Neglect, Executive Summary of the Third National Incidence Study of Child Abuse and Neglect (1996), http://www.childwelfare.gov/pubs/statsinfo/nis3.cfm (accessed November 3, 2014).
39 Administration for Children and Families, U.S. Department of Health and Human Services, National Survey of Child and Adolescent Well-Being: One Year in Foster Care: Wave 1 Data Analysis Report 108–113 (2003).
40 Social Security Act, U.S. Code 42 (2014), § 671(a)(17).
41 U.S. Department of Health and Human Services, Administration for Children and Families, Child Welfare.
42 See, e.g., Md. Code Regs. 07.02.11.26(C) (Requiring that the “local department shall: (1) Initiate child support for every child in out-of-home placement; and (2) Pursue support enforcement activity for both absent parents unless” the parents legal rights have been terminated); Neb. Admin. R. & Regs. Title 466, Ch. 21, § 002.01J1 (“In all ADC and foster care IV-D cases in which there is not a court order for child support, the case must be referred to the county/authorized attorney to obtain an order for support”); Tex. Admin. Code Title 40, § 700.1108(a) (“Unless parental rights are terminated, the Texas Department of Protective and Regulatory Services (PRS) must ask the county or district attorney to include a request for child support and health insurance in every petition for managing conservatorship and substitute-care placement, including court-ordered placements”).
43 Social Security Act, U.S. Code 42 (2014), § 671(a) (15).
44 U.S. Department of Health and Human Services, Office of Inspector General, Child Support for Children in IV-E Foster Care, OEI-04-91-00530 (1992), http://oig.hhs.gov/oei/reports/oei-04-91-00530.pdf (accessed November 3, 2014).
45 Ibid.
46 Ibid., appendix E.
47 Ibid., iii.
48 Matter of Adoption of J.W.M., 532 N.W.2d 372, 380 (N.D. 1995) (dissenting opinion discussing reliance on unpaid child support as grounds for termination of parental rights in petition for adoption).
49 N.C. Gen. Stat. Ann. § 7B-1111(a) (3).
50 In re D.L.T., 283 Ga. App. 223 (2007).
51 Ibid., 225.
52 Ibid.
53 E.g., South Carolina Dept. of Social Services v. Phillips, 301 S.C. 308, 391 S.E.2d 584 (S.C. Ct. App. 1990); South Carolina Dept. of Social Services v. Parker, 336 S.C. 248, 519 S.E.2d 351 (S.C. Ct. App. 1999), rehearing denied (Aug 28, 1999).
54 E.g., In re C.M., 275 Ga. App. 719, 721 (2005); In re A.R.A.S., 278 Ga. App. 608, 613 (2006).
55 In re C.M., 275 Ga. App. at 721.
56 In re A.R.A.S., 278 Ga. App. at 613.
57 In re E.F.C.K., 175 N.C. App. 419 (2006).
58 In the Matter of H.J.A. and T.M.A. 754 S.E.2d 257 (N.C. Ct. App. 2014) (unpublished opinion).
59 M.L.B. v. S.L.J., 519 U.S. 102, 119 (1996).
60 Troxel v. Granville, 530 U.S. 57, 65 (2000).
61 Reno v. Flores, 507 U.S. 292, 301–302 (1993).
1 Lisa Chedekel, “Use of Antipsychotics in Nursing Homes Stirs Concerns, Reforms,” Hartford Courant, February 4, 2013, http://articles.courant.com/2013-02-04/health/hc-psychotropic-drugs-nursing-homes-20130203_1_antipsychotics-home-regulators-home-residents (accessed November 3, 2014).
2 Howard Gleckman, “Dementia Patients Still Getting Dangerous Antipsychotic Drugs in Nursing Homes,” Forbes, November 20, 2013, http://www.forbes.com/sites/howardgleckman/2013/11/20/dementia-patients-still-getting-dangerous-antipsychotic-drugs-in-nursing-homes/ (accessed November 3, 2014).
3 Lucette Lagnado, “Prescription Abuse Seen in U.S. Nursing Homes,” Wall Street Journal, December 4, 2007, http://online.wsj.com/news/articles/SB119672919018312521?mod=djem_jiewr_hc&mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB119672919018312521.html%3Fmod%3Ddjem_jiewr_hc (accessed November 3, 2014).
4 Sam Roe, “Psychotropic Drugs Given to Nursing Home Patients Without Cause,” Chicago Tribune, October 27, 2009, http://articles.chicagotribune.com/2009-10-27/health/chi-nursing-home1-psychotropics-oct27_1_nursing-home-psychotropic-drugs-antipsychotic-drugs/4 (accessed November 3, 2014).
5 Ibid.
6 Ibid.
7 Ibid.
8 Ibid.
9 Fred Grimm, “Creating Juvenile Zombies, Florida-Style,” Miami Herald, May 28, 2011 (emphasis added).
10 Ibid.
11 Michael LaForgia, “Huge Doses of Potent Antipsychotics Flow into State Jails for Troubled Kids,” Palm Beach Post, May 24, 2011, http://www.palmbeachpost.com/news/news/state-regional/huge-doses-of-potent-antipsychotics-flow-into-stat/nLsbf/ (accessed November 3, 2014).
12 Ibid.
13 Kris Hundley, “Suicide of Foster Child, 7, Prompts Review of DCF Drug Policy,” In Memory of Gabriel Myers, May 9, 2009, http://gabrielmyers.wordpress.com/2009/05/09/suicide-of-foster-child-7-prompts-review-of-dcf-drug-policy/ (accessed November 3, 2014).
14 Gregory D. Kutz, U.S. Government Accountability Office, HHS Guidance Could Help States Improve Oversight of Psychotropic Prescriptions, GAO-12-270T (2011), http://gao.gov/assets/590/586570.pdf (accessed November 3, 2014).
15 U.S. Government Accountability Office, Report to Congressional Requesters: Concerns Remain about Appropriate Services for Children in Medicaid and Foster Care, GAO-13-15 (2012), http://www.gao.gov/assets/660/650716.pdf (accessed November 3, 2014).
16 Mike Ward, “Advocates Question Number of Foster Children on Psych Drugs,” Statesman.com, January 30, 2013, http://www.statesman.com/news/news/state-regional/advocates-question-number-of-foster-children-on-ps/nWBYG/?__federated=1 (accessed November 3, 2014).
17 Alan Judd, “Foster Care Fraught with Private Abuses, Public Excuses,” Atlanta Journal-Constitution, April 29, 2010, http://www.ajc.com/news/news/local/foster-care-fraught-with-private-abuses-public-exc/nQfHs/ (accessed November 3, 2014).
18 Ibid.
19 Ibid.
20 Ibid.
21 Christina Jewett and Sam Roe, “Doctor Gives Risky Drugs at High Rate,” Chicago Tribune, November 10, 2009, http://articles.chicagotribune.com/2009-11-10/news/chi-drugs-doctor-reinsteinnov10_1_medicaid-records-show-mentally-ill-patients-patient-deaths/2 (accessed November 3, 2014).
22 Christina Jewett and Sam Roe, “In Chicago’s Nursing Homes, a Psychiatrist Delivers High-Risk Meds, Cut-Rate Care,” ProPublica and Chicago Tribune, November 10, 2009, http://www.propublica.org/article/michael-reinstein-chicago-clozapine (accessed November 3, 2014).
23 Jewett and Roe, “Doctor Gives Risky Drugs at High Rate.”
24 Ibid.
25 Christina Jewett and Sam Roe, “Doctor-Drugmaker Ties: Psychiatrist Dr. Michael Reinstein Received Nearly $500,000 from Antipsychotic Drug’s Manufacturer,” Chicago Tribune, November 11, 2009, http://articles.chicagotribune.com/2009-11-11/news/0911100746_1_antipsychotic-drug-psychotropic (accessed November 3, 2014).
26 Ibid.
27 Christopher N. Osher and Jennifer Brown, “Drug Firms Have Used Dangerous Tactics to Drive Sales to Treat Kids,” Denver Post, April 14, 2014, http://www.denverpost.com/investigations/ci_25561024/drug-firms-have-used-dangerous-tactics-drive-sales (accessed November 3, 2014).
28 Ibid.
29 Ibid.
30 Ibid.
31 Michael LaForgia, “Dosed in Juvie Jail: Drug Firms Pay State-Hired Doctors,” Palm Beach Post, May 24, 2011, http://www.palmbeachpost.com/news/news/dosed-in-juvie-jail-drug-firms-pay-state-hired-doc/nLsb8/ (accessed November 3, 2014).
32 Ibid.
33 Karen De Sa, “The Rx Alliance that Drugs Our Kids,” San Jose Mercury News, November 23, 2014.
34 U.S. Department of Justice, Office of Public Affairs, “Nation’s Largest Nursing Home Pharmacy and Drug Manufacturer to Pay $112 Million to Settle False Claims Act Cases,” news release, 09-1186, November 3, 2009, http://www.justice.gov/opa/pr/2009/November/09-civ-1186.html (accessed November 3, 2014).
35 Brady Dennis, “Johnson & Johnson Agrees to Pay $2.2 Billion in Drug-Marketing Settlement,” Washington Post, November 4, 2013, http://www.washingtonpost.com/national/health-science/johnson-and-johnson-agrees-to-pay-22-billion-in-drug-marketing-settlement/2013/11/04/a7092342-456a-11e3-b6f8-3782ff6cb769_story.html (accessed November 3, 2014).
36 U.S. Department of Justice, Office of Public Affairs, “Abbott Labs to Pay $1.5 Billion to Resolve Criminal & Civil Investigations of Off-label Promotion of Depakote,” news release, 12-585, May 7, 2012, http://www.justice.gov/opa/pr/2012/May/12-civ-585.html (accessed November 3, 2014).
37 Michael S. Schmidt and Katie Thomas, “Abbott Settles Marketing Lawsuit,” New York Times, May 7, 2012, http://www.nytimes.com/2012/05/08/business/abbott-to-pay-1-6-billion-over-illegal-marketing.html?_r=0 (accessed November 3, 2014).
38 U.S. Department of Justice, Office of Public Affairs, “GlaxoSmithKline to Plead Guilty and Pay $3 Billion to Resolve Fraud Allegations and Failure to Report Safety Data,” news release, 12-842, July 2, 2012, http://www.justice.gov/opa/pr/2012/July/12-civ-842.html (accessed November 3, 2014).
39 U.S. Department of Justice, Office of Public Affairs, “Pharmaceutical Giant AstraZeneca to Pay $520 Million for Off-label Drug Marketing,” news release, 10-487, April 27, 2010, http://www.justice.gov/opa/pr/2010/April/10-civ-487.html (accessed November 3, 2014).
40 U.S. Department of Justice, “Eli Lilly and Company Agrees to Pay $1.415 Billion to Resolve Allegations of Off-label Promotion of Zyprexa,” news release, 09-038, January 15, 2009, http://www.justice.gov/opa/pr/2009/January/09-civ-038.html (accessed November 3, 2014).
41 Gardiner Harris and Alex Brenson, “Lilly Said to Be Near $1.4 Billion U.S. Settlement,” New York Times, January 14, 2009, http://www.nytimes.com/2009/01/15/business/15drug.html (accessed November 3, 2014).
42 Washington State Office of the Attorney General, “Pfizer Inc. to Pay $2.3 Billion in Historic Medicaid Fraud Settlement,” news release, September 2, 2009, http://www.atg.wa.gov/pressrelease.aspx?&id=23742#.U8VTRdwirwI (accessed November 3, 2014).
43 U.S. Department of Justice, “Bristol-Myers Squibb to Pay More Than $515 Million to Resolve Allegations of Illegal Drug Marketing and Pricing,” news release, 07-782, September 28, 2007, http://www.justice.gov/opa/pr/2007/September/07_civ_782.html (accessed November 3, 2014).
44 “Non-Profit vs. For-Profit Nursing Homes: Is There a Difference in Care?” Center for Medicare Advocacy, http://www.medicareadvocacy.org/non-profit-vs-for-profit-nursing-homes-is-there-a-difference-in-care/ (accessed November 3, 2014).
45 HCR Manor Care, Carlyle Closing, December 21, 2007, http://www.hcr-manorcare.com/about-hcr-manorcare/corporate-matters/carlyle-closing/ (accessed November 30, 2014).
46 Heather Gillers, Tim Evans, Mark Nichols, and Mark Alesia, “Cash Flows in to HHC Nursing Homes, Care Lags,” Indystar.com, May 10, 2010, http://archive.indystar.com/article/20100511/NEWS14/5160304/Cash-flows-HHC-nursing-homes-care-lags (accessed November 3, 2014).
47 Ibid.
48 Indiana State Government, Senate Bill No. 309: Digest of SB 309 (2001), http://www.in.gov/legislative/bills/2001/ES/ES0309.1.html (accessed November 5, 2014).
49 Indiana State House, Legislative Services Agency, Office of Fiscal and Management Analysis, Fiscal Impact Statement (2001), http://www.in.gov/legislative/bills/2001/PDF/FISCAL/SB0309.003.pdf (accessed November 3, 2014).
50 Indiana State Government, Conference Committee Report, Digest for EHB 1866, (2001), http://www.in.gov/legislative/bills/2001/HCCP/CC186604.001.html (accessed November 3, 2014).
51 Frank O’Bannon, Indiana State Government, “Governor Vetoes HEA 1866,” news release, May 11, 2001, http://www.in.gov/apps/utils/calendar/presscal?PF=gov&Clist=4&Elist=34726 (accessed November 3, 2014).
52 Gillers et al., “Cash Flows in to HHC Nursing Homes, Care Lags.”
53 Ibid.
54 Ibid.
55 Ibid.
56 Ibid.
57 J. K. Wall, “Feds Scrutinize Nursing Home Buying Spree,” Indianapolis Business Journal, April 27, 2013, http://www.ibj.com/feds-scrutinize-nursing-home-buying-spree/PARAMS/article/41005 (accessed November 3, 2014).
58 Ibid.
59 Gillers et al., “Cash Flows in to HHC Nursing Homes, Care Lags.”
60 Ibid.
61 Ibid.
62 “Wishard to Get $40M Donation, New Name: Hospital to Be Renamed for Sidney, Lois Eskenazi,” Indy Channel, June 22, 2011, http://www.theindychannel.com/news/wishard-to-get-40m-donation-new-name (accessed November 3, 2014).
63 Wall, “Feds Scrutinize Nursing Home Buying Spree.”
64 John Russell, “Eskenazi Hospital Prepares to Open,” Indystar.com, November 16, 2013, http://www.indystar.com/story/news/2013/11/16/eskenazi-hospital-prepares-to-open/3609921/ (accessed November 3, 2014).
65 Ibid.
66 Ibid.
67 Heather Gillers, Tim Evans, Mark Nichols and Mark Alesia, “Cash flows in to HHC nursing homes, care lags,” Indystar.com, May 10, 2010, http://www.indystar.com/article/20100511/NEWS14/5160304/Cash-flows-HHC-nursing-homes-care-lags (accessed November 3, 2014).
68 Ibid.
69 American Civil Liberties Union, In for a Penny: The Rise of America’s New Debtors’ Prisons (2010), 6, https://www.aclu.org/files/assets/InForAPenny_web.pdf#page=6 (accessed November 3, 2014).
70 John Gibeaut, “Get Out of Jail—But Not Free: Courts Scramble to Fill Their Coffers by Billing Ex-Cons,” ABA Journal, July 1, 2012, http://www.abajournal.com/magazine/article/get_out_of_jailbut_not_free_courts_scramble_to_fill_their_coffers_by_billin/ (accessed November 3, 2014).
71 42 PA Code § 9730.1 (2012), http://law.justia.com/codes/pennsylvania/2010/title-42/chapter-97/9730-1/ (accessed November 3, 2014).
72 Ibid.
73 Ibid.
74 Clackamas County Circuit Court, “Collections,” Oregon Judicial Department, http://courts.oregon.gov/Clackamas/pages/collections.aspx (accessed November 3, 2014).
75 “About AllianceOne: Company Overview,” Alliance One, http://www.allianceoneinc.com/About_Us.html (accessed November 3, 2014).
76 Clackamas County Circuit Court, “Collections.”
77 Joseph P. Smith, “Bridgeton Hires Private Business to Collect Fines,” Daily Journal, July 9, 2012, http://archive.thedailyjournal.com/article/20120710/NEWS01/307100036/Bridgeton-hires-private-business-collect-fines (accessed November 3, 2014).
78 Nicholas Huba, “Brick Targets Unpaid Court Fines,” Asbury Park Press, June 13, 2014, http://www.app.com/story/news/local/brick-point-pleasant/2014/06/13/brick-jackson-court-fees/10504327/ (accessed November 3, 2014).
79 Ibid.
80 Alicia Bannon, Mitali Nagrecha, and Rebekah Diller, Criminal Justice Debt: Barrier to Reentry (Brennan Center for Justice at New York University School of Law, 2010), 2, http://brennan.3cdn.net/c610802495d901dac3_76m6vqhpy.pdf (accessed November 3, 2014).
81 Joseph Shaprio, “As Court Fees Rise, the Poor Are Paying the Price,” NPR, May 19, 2014, http://www.npr.org/2014/05/19/312158516/increasing-court-fees-punish-the-poor (accessed November 3, 2014).
82 ACLU, In for a Penny at 13, https://www.aclu.org/files/assets/InForAPenny_web.pdf (accessed November 30, 2014).
83 Farlex, “MAXIMUS Reports Record Third Quarter Revenue of $141.7 Million and EPS of $0.43,” The Free Library, http://www.thefreelibrary.com/MAXIMUS+Reports+Record+Third+Quarter+Revenue+of+%24141.7+Million+and . . .-a0106153591 (accessed October 16, 2014).
84 Human Rights Watch, Profiting from Probation: America’s Offender-Funded Probation Industry, 2014 at 3, http://www.hrw.org/sites/default/files/reports/us0214_ForUpload_0.pdf (accessed November 30, 2014).
85 “Electronic Home Monitoring, City of Mountlake Terrace,” http://www.cityofmlt.com/cityServices/police/electronicHomeMonitoring.htm (accessed November 3, 2014).
86 Ames Alexander, Joseph Neff, and Karen Garloch, “Senator: Hospitals Profited on Drugs for Poor, Uninsured,” Charlotte Observer, April 3, 2013, http://www.charlotteobserver.com/2013/04/03/3956004/senator-3-nc-nonprofit-hospitals.html#.U81UNtwirwI (accessed November 3, 2014).
87 Andrew Pollack, “Dispute Develops over Discount Drug Program,” New York Times, February 12, 2013.
88 Ryan Grim, “Billy Tauzin Rides Again, This Time Battling Against Big Pharma (Update),” Huffington Post, August 13, 2013, http://www.huffingtonpost.com/2013/08/13/billy-tauzin-drugs_n_3719468.html (accessed November 3, 2014).
89 Danielle Paquette, “End-of-Life Care: And Industry with Soaring Profits, Funded by Taxpayers,” Washington Post, August 21, 2014.
90 Ibid.
91 Peter Waldman, “Preparing Americans for Death Lets Hospices Neglect End of Life,” Bloomberg, July 22, 2011, http://www.bloomberg.com/news/2011-07-22/preparing-americans-for-death-lets-for-profit-hospices-neglect-end-of-life.html (accessed November 3, 2014).
92 “Kids for Cash Trial: Former PA Judge Ciavarella Claims Money Was ‘Finder’s Fee,’” International Business Times, February 14, 2011, http://www.ibtimes.com/kids-cash-trial-former-pa-judge-ciavarella-claims-money-was-finders-fee-266837 (accessed November 30, 2014).
1 I had the opportunity to work with Congressman Stark’s office in drafting and supporting the Foster Children Self Support Act.
2 The bill was introduced under the sponsorship and leadership of Senator Jamie Raskin and Delegate Kathleen Dumais in 2014, and by Senator Raskin and Delegate Geraldine Valentino-Smith in 2015. I worked with the lawmakers in drafting and supporting the state legislation.
3 I served as lead counsel for Alex.
4 I also served as co-counsel for several advocacy organizations filing an amicus brief in support of Ryan’s case.
5 Michael B. Sauter, “Alexander E.M. Hess and Thomas C. Frohlich, 24/7 Wall St.: America’s Richest States,” USA Today, September 21, 2013, http://www.usatoday.com/story/money/business/2013/09/21/americas-richest-states/2845525/ (accessed November 11, 2014).
6 U.S. Department of Health and Human Services, Office of Child Support Enforcement, FY2013 Preliminary Report (2014), Table P-30, http://www.acf.hhs.gov/programs/css/resource/fy2013-preliminary-report-table-p-30 (accessed November 11, 2014).
7 Senate Finance Committee, Social Security Amendments of 1965, 89th Cong., 1st sess. 1965, S. Rep. 89-404, 78; 245–46.
8 Jackie Kucinich, “Rubio: War on Poverty Has Been Lost,” Washington Post, January 8, 2014, http://www.washingtonpost.com/blogs/post-politics/wp/2014/01/08/rubio-war-on-poverty-has-been-lost/ (accessed November 11, 2014).
9 Robert Greenstein, “Commentary: Ryan ‘Opportunity Grant’ Proposal Would Likely Increase Poverty and Shrink Resources for Poverty Programs Over Time,” Center on Budget and Policy Priorities, July 24, 2014, http://www.cbpp.org/cms/index.cfm?fa=view&id=4176 (accessed November 11, 2014).
10 Daniel L. Hatcher, “Romney’s Medicaid Shell Game,” Boston Globe, October 12, 2014, http://www.bostonglobe.com/opinion/2012/10/12/podium-medicaid/X5KHn9vVJjfRPgDAtxku3M/story.html?camp=pm (accessed November 11, 2014).
11 Brené Brown, Daring Greatly: How the Courage to Be Vulnerable Transforms the Way We Live, Love, Parent, and Lead. New York: Gotham, 2012.