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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIAWILLIAM DIXON. et al., v. ANTHONY WILLIAMS, et al., Defendants. Civil Action No. 74-0285 (NHJ) ORDERPresently before the Court is the Final Plan submitted by Transitional Receiver Dennis
Jones in accordance with this Court's March 6, 2000, Consent Order. On June 13, 1997, this
Court placed the District of Columbia Commission on Mental Health Services in receivership
pending the development and implementation of an integrated and comprehensive community Upon consideration of the written comments submitted by the parties, the written comments and oral testimony offered by members of the public, the stipulations of the parties filed on March 22, 2001, the Court's findings of fact and conclusions of law issued on March 27, 2001, and the Final Plan submitted by the Transitional Receiver on March 28, 2001, the Court is satisfied that the Final Plan will implement the orders and decrees in this case by enabling the District of Columbia to develop au integrated and comprehensive community-based system of mental health care. The Court hereby approves the Final plan and orders the District of Columbia to implement the Final Plan. Accordingly. it is this 2nd day of April, 2001, ORDERED that the final Plan submitted by the Transitional Receiver be, and hereby is, approved subject to the stipulations of the parties; and it is further ORDERED that the District of Columbia shall implement the Final Plan, as approved by this Court. NORMA HOLLOWAY JOHNSON Back to top of page UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIAWILLIAM DIXON. et al., v. ANTHONY WILLIAMS, et al., Defendants. Civil Action No. 74-0285 (NHJ) STIPULATIONSThis matter is before the Court, pursuant to the Order of March 6, 2000, for consideration of the Implementation Plan submitted to the Court by the Transitional Receiver on February 9, 2001. Under the terms of the March 6, 2000 Order, the Transitional Receiver, in consultation with the parties, is required to develop a cost-effective plan designed to implement the orders and decrees in this case. Order dated March 6, 2001 at ¶3. All contested issues regarding the content of the Plan must be resolved by the Court. Id. On March 5, 2001, the parties submitted their comments and objections to the Plan. Responsive pleadings were filed on March 12, 2041. Thereafter, on March 14 and March 15, 2001, counsel for the parties and the Transitional Receiver continued efforts to resolve all disputed issues related to the Plan. As a result of these negotiations, and taking into account the public comments made at the March 15, 2001 hearing held by the Court, the parties and Transitional Receiver have resolved all outstanding issues. The following stipulations reflect modifications to the Plan agreed upon by all parties and the Transitional Receiver. 1. Resolution of Motion to Extend the Transfer and Termination Date. The parties recognize that an appropriate transition as contemplated by the March 6, 2000 Order cannot occur by the April 1, 2001 date referenced in the March 6, 2000 Order, because a new Director has not yet been named. Accordingly, the parties agree that the new Director and the Transitional Receiver shall collaborate and develop a transition schedule in consultation with the parties. The schedule, which shall be developed at the earliest opportunity but in no event later than 10 days from the date the new Director begins employment, shall also address the Phase II and Phase III dates in the revised Plan and whether the October 1, 2001 date regarding the termination of the receivership should also be modified. In the event the Transitional Receiver and the new Director are unable to reach agreement, or either party objects to the jointly proposed schedule, the parties shall present their respective positions to the Court, which shall make a determination consistent with the March 6, 2000 Order. 2. Issues relating to Saint Elizabeths, including size, location, and use of grounds. The parties and Transitional Receiver agree that the Transitional Receiver's Plan at pps. 30, 37-401 that relate to Saint Elizabeths Hospital and the successor Hospital, including bed size, location and use of the Hospital grounds and adjacent property, shall be italicized and will be afforded serious consideration by the new Director in developing policies relating to these issues. The parties and the Transitional Receiver agree that the italicized sections of the revised Plan shall not be mandated at this time by the federal court. The only mandate at this time shall be the requirement to give serious consideration to the policy recommendations set forth in the italicized portions of the Plan. The parties reserve the right to seek or to challenge on any basis, and at any time, the entry of an order concerning St. Elizabeths. The Transitional Receiver also agrees to delete all references in the Plan to the number of beds at Saint Elizabeths and to add the following language to the Plan: "There will be a minimal level of inpatient hospital services, both civil and forensic, to ensure the needs of the mentally ill are met." 3. Forensic. The parties and Transitional Receiver agree that forensic clients are not members of the Dixon class, but the parties disagree on whether the order placing the mental health system in receivership governs the Court's authority to issue orders in this case with regard to forensic clients. The parties also agree that the proposed Plan at pps. 35-36 (at number 1) and 38-39 (subsection a) will be italicized and that those sections of the Plan relating to the forensic population will be afforded serious consideration by the new Director in developing policies relating to these issues, but shall not be mandated at this time by the federal court. The only mandate at this time shall be the requirement to give serious consideration to the policy recommendations set forth in the italicized portions of the Plan. The parties reserve the right to seek or to challenge on any basis, and at any time, the entry of an order concerning forensic clients. 4. Continued technical resources. The parties and Transitional Receiver agree that the Transitional Receiver will delete "technical assistance" from the second to the last line on page 9 of the Plan so that sentence, in relevant part, reads as follows: "and will require a continuing commitment of resources." 5. CFO. The parties and Transitional Receiver agree that page 12 of the Plan describing the role of the Chief Financial Officer will be revised in accordance with the permanent version of the enabling legislation that was introduced in the D.C. Council on March 6, 2001. See attached excerpt from the Bill. 6. Enabling Legislation The parties and Transitional Receiver agree that the Plan at page 32, two lines above the bullets, will be revised by deleting the word "new" and inserting the phrase "this or other". 7. Obligations of Mayor to seek changes in law. The parties and Transitional Receiver agree that the second to last sentence on Page 12, Section 2 of the Plan will be deleted and the following language substituted: "If existing laws and regulations impede implementation of the Plan, the Director will consult with the Mayor to develop an appropriate resolution." 8. Nondiscrimination as to funding source. The parties and Transitional Receiver agree that the following language dill be added to the Plan at page 19: "The District may not discriminate against persons based upon the eligibility or noneligibility for Medicaid or Medicare or other nonappropriated dollars in assessing or meeting service needs. Rather, the provision of services shall be based upon an individual clinical assessment of the client's needs, consistent with the Department's promulgated rules for priority populations." 9. Housing. The parties and Transitional Receiver agree that the revised Plan shall include development of a Housing Plan. Additionally, the parties and Transitional Receiver have agreed that Page 15 of the Plan will be revised to reflect the following alternative language: "CSAs shall also offer directly, or arrange for, if needed and clinically appropriate, other services, including residential services, housing, psycho-educational services, day programs, and peer and family supports." 10. Development of Performance Standards and Exit Criteria. The parties and the Transitional Receiver agree, consistent with the March 6, 2000 Order, that the new Director and Transitional Receiver will develop, in consultation with the parties, performance measures for the probationary period and exit criteria for the termination of this lawsuit. The performance measures shall be developed at the earliest opportunity but in no event later than 30 days following the date the new Director begins employment. The exit criteria shall be developed at the earliest opportunity but in no event later than 120 days following the date the new Director begins employment. In the event the Transitional Receiver and the new Director are unable to reach agreement, or that either party objects to the performance measures and/or exit criteria, the parties shall present their respective positions to the Court, which shall make a determination consistent with the orders and decrees in this case. 11. D.C. Council. The parties and Transitional Receiver agree that all references in the Plan to the D.C. Council shall be deleted. 12. Licensing and Oversight Provider. The parties and Transitional Receiver agree that the Plan shall be modified, consistent with the enabling legislation, to specify the licensing functions that will be transferred to the new Department of Mental Health 13. April 1 deadlines. The parties and Transitional Receiver agree that Pages 31 - 40 of the Plan will be revised to remove all dates and to state that "the following milestones are critical to providing a solid foundation for the new system." 14. Governmental Relations Office. The parties and Transitional Receiver agree that page 13, section c of the Plan will be modified by deleting the first sentence and substituting the following: "The Department will maintain an active governmental relations function with the capacity to work collaboratively with the District's Office of Intergovernmental Relations to influence, monitor and educate key government players as part of an overall governmental relations strategy." 15. Dedicated staff in the Mayor's Office. The parties and Transitional Receiver agree that the requirement on Page 29 of the Plan that the Mayor maintain a staff person in his office to work on interagency issues and troubleshoot problems will be modified to a recommendation. The Plan will be modified to reflect that this is a recommendation.2 16. Funding. The parties and Transitional Receiver agree that the following provisions of Section IV A of the Plan will appear in the text in italics to indicate these sections constitute the Transitional Receiver's recommendations and are not mandated by the Court: the final paragraph on p. 27, and the first three paragraphs on page 28. The parties and the Transitional Receiver agree that Section IV A of the Plan is not intended to be inconsistent with the Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342, 1349 to 1351, 1511 to 1519 (1994). The parties and the Transitional Receiver further agree that the third and fourth sentences of the third paragraph on Page 28 of the Plan shall be deleted and the following language shall be substituted and italicized: "The Transitional Receiver recommends that the Department's spending levels should be maintained in total through FY 2001 (transition year) and FY 2002 (the first full year under the Plan), which may necessitate additional local revenues. During this time, the Department and the CFO's office will reevaluate the fund sources and determine an appropriate revenue projection based on the new Medicaid reimbursement system." The parties and Transitional Receiver, consistent with paragraph 14.a. of the January 28, 1992 Order, agree that the Mayor's annual budget request to the District Council shall be sufficient to carry out the obligations imposed by the orders in this case, including the mandated provisions in the Transitional Receiver's Plan. The parties further agree that Defendants shall, within two weeks prior to the submission of the Mayor's proposed budget to the D.C. Council, submit the Mayor's proposed budget for the Department of Mental Health to the plaintiffs for review and comment. Thereafter, the parties shall confer on the budget proposal and attempt to resolve any issues related to the sufficiency of funding. In the event the parties are unable to reach agreement, plaintiffs may seek appropriate relief with the Court within two weeks following the Mayor's submission of the budget to the D.C. Council. This paragraph should be included in the Revised Plan at page 28. 17. Submission of a Revised Plan. The parties and Transitional Receiver agree that the Transitional Receiver will file a revised Plan which reflects the term of these stipulations by March 28, 2001. Respectfully submitted, PETER NICKLES # 53447 SUSAN BURKE # 414939 IRA BURNIM # 406154 For the Defendants GRACE M. LOPES #358650 JANET L. MAHER #411806 For the Transitional Receiver ROBERT DUNCAN # 416283 1. The parties also agree that one sentence on Page 24 will be
italicized. |
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