HomeMy WebLinkAboutBOH minutes 042110MINUTES
ORANGE COUNTY BOARD OF HEALTH
April 21, 2010
Board of Health Minutes Transcription completed by Anne Miles Cassell 1 April 21, 2010
ORANGE COUNTY HEALTH DEPARTMENT MISSION STATEMENT: To enhance the quality of life,
promote the health, and preserve the environment for all people in the Orange County
community.
THE ORANGE COUNTY BOARD OF HEALTH MET ON April 21, 2010 at the Link Government
Services Center, Hillsborough, North Carolina.
BOARD OF HEALTH MEMBERS PRESENT: Anissa Vines, Chair; Chris Harlan, Vice-Chair; DeWana
Anderson; Mike Carstens; Paul Chelminski; Christopher Cooke; Jessica Lee; Jim Stefanadis;
Tony Whitaker; Michael Wood; Steve Yuhasz, BOCC
BOARD OF HEALTH MEMBERS ABSENT: None
STAFF PRESENT: Wayne Sherman, Personal Health Services Division Director; Tom Konsler,
Environmental Health Services Division Director; Donna King, Health Promotion and Education
Services Division Director; Angela Cooke, Dental Health Services Division Director; Carla Julian,
Risk Management/Quality Assurance Director; Letitia Burns, Business Officer; Anne Miles Cassell,
Administrative Assistant; Rebekah Herman, Family Home Visiting Coordinator; Annette Moore,
Orange County Staff Attorney
GUESTS PRESENT: Deborah Flowers, RN, Orange County Child Fatality Protection Team; Emily
Leazer, UNC Journalism School
I. Welcome and Introductions
Anissa Vines, Chair, called the meeting to order at 7:00 P.M. and introduced guests.
II. Animal Services and Public Health
DeWana Anderson, Veterinarian Representative to the Board of Health also acts as the
Board liaison to the Animal Services Committee. A Power Point presentation was
provided updating the Board on improvements and changes in shelter facilities and
animal services operations. It is a new 15,000 square foot environmentally friendly
facility. The improvement in facilities has enabled staff and volunteers to provide
services more efficiently and has resulted in less disease transmission and stress on the
animals. It was pointed out that rabies outbreaks appear to run in cycles and currently
is in a low point of the cycle. Only one confirmed case of rabies has been reported in
Orange County this year. Last year Orange County had 12 rabies cases, the lowest
Orange County has experienced in several years. In 2008 there were 18 cases and in
2007 there were 24 confirmed rabies cases.
Steve Yuhasz asked what action an individual needs to take if they suspect they see a
rabid animal. Dr. Anderson replied that the animal should not be approached and to
contact Orange County Animal Control.
Christopher Cooke asked when the last time a dog or cat transmitted rabies to a
person in Orange County. Dr. Anderson stated that no actual human rabies cases
were known, but several Orange County residents have been prophylactically treated
due to exposure to the rabies virus in the past and there have been no exposures this
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ORANGE COUNTY BOARD OF HEALTH
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year. Mr. Cooke explained that this was surprising since he noted from the statistics
provided to the Board that the difference between the estimate and the number of
registration notices issued suggests that there continues to be a significant segment of
dogs and cats that are not registered with the County or vaccinated against rabies.
III. Approval of April 21, 2010 Agenda
The Chair announced that the Department had received a request for an appeal from
Adam Bliss. Scheduling for the Adam Bliss Appeal Notice was requested to be added
as the first item on the Action Agenda. As a result this would move all other topics to
the next letter down.
The motion to approve the Agenda of April 21, 2010 as amended was made by Jessica
Lee, seconded by Chris Harlan, and carried without dissent.
IV. Public Comment for Items NOT on Printed Agenda
None
V. Action Items on CONSENT Agenda
Wayne Sherman requested removal of Item II.B., 2010-2011 Contract Renewals, from the
Consent Agenda for discussion of one of the contracts.
A. Minutes approval of March 24, 2010 meeting.
The Board reviewed the minutes of the March meeting for accuracy.
Motion to approve the minutes was made by Steve Yuhasz, seconded by Jessica Lee
and carried without dissent.
VI. Reports and Discussion with Possible Action
A. 2010 -11 Multiple Contract Renewals
There are currently 9 contract renewals for FY 10-11. All have been reviewed by
the Staff Attorney and are effective July 1, 2010 to June 30, 2011. The contracts
are:
1. Contract Renewal with UNC Family Medicine (UNCFM) for Medical
Director Services: OCHD has maintained a contract with UNC Family
Medicine for Medical Director Services for a number of years. Dr. Michael
Fisher has served in this capacity for the past eight years with back-up
from other UNCFM physicians. Dr. Fisher is well received by clients and
staff enjoys working with him. However, Dr. Fisher has announced his
retirement effective September 30, 2010. A search team has been
formed, including representation from OCHD to select his replacement.
The FY10-11 contract has several proposed changes to it this year. It
continues the contract at 28 hours per week, 22 hours in clinic and 6 hours
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providing phone consultation, administrative duties, and back-up on-call
responsibilities. It clarifies several responsibilities including participating in
program audits as requested, meeting with nurse practitioners at least
every 6 months to identify and document clinical problems, progress
toward improving outcomes and recommendations for changes in
treatment plans; meeting with new nurse practitioners monthly during the
first six months of practice to discuss practice-relevant clinical issues and
quality improvement measures; and assuring all medical residents and
students are in compliance with OCHD immunization requirements. The FY
10-11 contract does not include a cost increase. The total amount of the
contract remains at $145,416 per year.
Chapel Hill Carrboro City Schools (CHCCS) is seeking renewal of its
contract with the Medical Director for medical supervision of one of its
School Nurses who is a qualified Nurse Practitioner to provided limited
nurse practitioner services in the Head Start Program. The contract in
effect this past year has been deemed successful. The cost and payment
arrangement remains the same as previous years.
2. Contract Renewal with Robert DuPuis for Pharmacy Services: The
issuance of pharmaceuticals through our clinics or during
epidemics/disasters requires the services of a registered pharmacist.
Robert DuPuis, Pharm.D., a Clinical Associate Professor in the Division of
Pharmacy Practice at UNC School of Pharmacy has served as our
Pharmacist for the past eight years. He has fulfilled his responsibilities well
and is interested in continuing to serve in this capacity.
There are no changes in the FY 10-11 Pharmacy Contract. The total
amount of the contract remains at $12,036 per year.
3. Contract Renewal with UNC School of Dentistry for Dental Resident: The
Orange County Health Department (OCHD) annually contracts with the
UNC School of Dentistry for services of one full-time dental resident for four
and one-half days per week. The residents provide services at both the
Hillsborough and Carrboro dental clinics. The total cost of the contract for
July 1, 2010 through June 30, 2011 is anticipated to be $54,848. This
amount was included in the FY10-11 dental budget. This contract cannot
be fully executed until the state legislature passes their budget and the
rate may be higher as a consequence.
4. Contract Renewal with Elizabeth Krzysztoforska, DDS for Dental Services:
OCHD has contracted with Dr. Krzysztoforska for about 10 years to provide
dental clinical services on Mondays at Carr Mill. Dr. Day either flexes his
schedule on Mondays or provides services at the Hillsborough location on
Mondays.
5. Contract Renewal with Diane Shugars, DDS for Dental Services: Dr.
Shugars is the back-up dentist when Dr. Day is out for vacation or for
planned continuing education.
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6. Contract Renewal with Chapel Hill Training & Outreach, Inc. for Head Start
Dental Services: In 2003 Chapel Hill Training and Outreach, Inc.
approached the health department with a request to provide required
dental screening and treatment services to all children enrolled in the
Head Start Program located in Hillsborough. The first contract for services
was developed and issued in the fall of 2003 and the program has worked
well for both parties. Both wish to renew this contract for services for FY10-
11. The contract amount is reduced by mutual agreement to $6,000 per
year since more of the children than anticipated have a private dentist
providing care after the initial screening.
7. Contract Renewal with CHCCS for School Nurses and Contract Renewal
with Orange County Schools for School Nurses: OCHD has served as the
conduit of Commissioner approved funding for school health nurses for
both the Chapel Hill Carrboro City Schools and the Orange County School
System. The Department enters into a contract with each of the school
systems to spend the funding on a specified number of direct service 10-
month school nurse positions. In FY 10-11 the proposed contracts provide
$428,032 to CHCCS for six school health nurses and $182,697 (increased
from $173,220) to OCS for three school nurses. Wayne Sherman explained
the amended OCS amount. Per the contracts the Health Department
agrees to make quarterly payments upon submission of an invoice and to
provide at least 3 continuing education sessions to school nurses.
8. Contract Renewal with Person County for Public Health Preparedness
Services: The State of North Carolina has received federal funds from the
Centers for Disease Control and Prevention (CDC) to ensure that North
Carolina is prepared in the event of a public health emergency.
Allocated funds enabled Orange County to employ a full time public
health preparedness coordinator, a Public Health Nurse II, from 2003 –
2008. Reductions in funding since 2006 made it impossible to support a
full-time position with these funds. To ensure that the deliverables as
mandated are met, an agreement was developed with Person County in
2008 to share a Preparedness Coordinator. Upon mutual agreement,
Person County hires and supervises this position. Pat Gentry, the
Preparedness Coordinator hired by Person County spends 2 to 2 ½ days
per week in Orange County. The Agreement began on December 1,
2008 and has been in effect FY 09-10. The amount of the agreement for
FY 10-11 remains unchanged. There are sufficient federal funds allocated
by the State to Orange County to pay for this agreement.
Christopher Cooke asked for clarification on the Public Health
Preparedness Contract. It was explained that this is a shared position with
Person County. The costs reflected do include salary and benefits and is
traditionally a nurse position. He questioned whether the job could be
done as well or better by a non-nurse employee at a lesser cost. Carla
Julian replied that this position has been held by a nurse from the onset of
the program and Person County was responsible for filling this position.
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Steve Yuhasz asked when these contracts would go into effect. Wayne
Sherman replied that they would be effective at the beginning of the
FY10-11.
Motion to approve the multiple contract renewals including school contract changes
was made by Jessica Lee, seconded by Mike Carstens, and carried without dissent.
B. Adam Bliss Appeal Hearing Request
On January 2, 2010 a new law went into effect prohibiting smoking indoors at
restaurants and bars in North Carolina. Enforcement and complaint response
was delegated to local health departments. The board adopted an
enforcement protocol that staff developed based on guidelines issued by the
state.
Tom Konsler explained that a bar in Chapel Hill, Hookah Bliss, owned by Mr.
Adam Bliss, has been inspected several times in response to complaints received
that smoking was allowed inside the bar. One educational letter and two
violation notices were issued as a result of the inspections and on March 22nd, Mr.
Bliss was given a third violation notice. An administrative penalty was issued by
the Health Director at that time. The administrative penalty continues to accrue
each day that Mr. Bliss operates in violation of the law.
On April 19th, Mr. Bliss submitted a notice of appeal challenging the state’s
interpretation of the law which does not exclude hookah bars from the indoor
smoking prohibition.
The Board is obligated to schedule a hearing in response to this appeal in
accordance with NCGS 130A-24. Given the constraints of the notification
requirements, the hearing must be held either May 3rd or May 4th. In response to
clarification by the Board, Annette Moore, County Staff Attorney, stated that the
only thing the Board could rule on at an appeals hearing would be whether the
Department had correctly acted within the guidelines and protocols of the law
in its enforcement.
The hearing will be recorded and a transcript prepared following the hearing.
Annette Moore stressed the importance that a quorum of Board members be
present for the hearing. May 4th was the only date a quorum would be able to
attend and a time of 6:30 PM worked best for the Board.
Motion to hold the Appeals hearing requested by Mr. Bliss on May 4, 2010 at 6:30 PM at
Southern Human Services Center was made by Jessica Lee, seconded by Christopher
Cooke.
C. Child Fatality Protection Team and Child Protection Team Report/Appointment
of Local Health Provider to CFPT
The Child Fatality Prevention Team (CFPT) and the Community Child Protection
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Team (CCPT) is a legislated group in every county of the state. State statute
grants the Teams the right to review records (medical, mental health, law
enforcement, etc.) to carry out its duties. Rebekah Hermann, OCHD Family
Home Visitor Coordinator, reported that the CFPT identifies child death patterns,
identifies system problems or gaps, and makes and/or carries out
recommendations for change to prevent future child fatalities in the county.
Community Child Protection Teams (CCPT) were established in 1991 to ensure
that families have recourses available to provide safe environments for their
children, identifies and informs child protection issues impacting the ability of
families to protect their children, and makes recommendations for legislative
changes.
Both teams are required by statute to submit reports annually to the State of
North Carolina and to the local Board of Health and County Commissioners
containing any recommendations, including advocacy for system improvements
and needed resources where deficiencies and gaps may exist. CFPT and CCPT
have functioned as a joint, interagency review team since 1998. Steve Yuhasz
noted that all participants are still not as involved as should be. Ms. Herman
replied that last year thanks to action by Commissioner Yuhasz an additional
participant was now involved in the team.
CFPT data is tracked on a calendar year, reviewing deaths from the previous
year. In 2009 15 fatalities of children birth through 17 years who died in 2008
were reviewed. Approximately one-third of the deaths appeared to have been
preventable. All four of the teen deaths appeared to have been preventable.
Ms. Hermann reported that the CCPT reviewed 8 families representing 23
children who were actively involved in Child Protective Services. Findings
included substance abuse, mental health issues, sexual abuse, physical abuse,
domestic violence, and several children born positive for cocaine. Several
system problems have been identified as a result of this report. Barriers exist to
access supportive comprehensive mental health services. There are limited
resources for children who have experienced severe abuse or neglect where
children manifest serious mental health problems and complex medical
challenges.
Per statute a local health provider shall be appointed to the local CFPT by the
Board of Health. Deborah Flowers, MSN, RN – program coordinator/nurse
consultant with the UNC Department of Pediatrics’ NC Child Medical Evaluation
Program, has been participating since January 2007 and even serving
unofficially as co-chair. She is internationally certified as a Sexual Assault Nurse
Examiner for Adults and Pediatrics, has 25 years of experience as an Emergency
Department nurse, and is very knowledgeable of child abuse/child sexual abuse
issues. Staff recommended that a request be forwarded to the UNC Department
of Pediatrics NC Child Medical Evaluation Program to appoint Deborah Flowers
to the CFPT.
The Board thanked Ms. Hermann for the report and had no further
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recommendations.
Motion to approve the report and forward the Report to the Commissioners was made by Paul
Chelminski, seconded by Christopher Cooke, and carried without dissent.
Motion to support the appointment of Deborah Flowers to the Child Fatality Prevention Team
was made by Jessica Lee, seconded by Tony Whitaker, and carried without dissent.
D. Q2 and Q3 FY 09-10 Financial Reports
Letitia Burns presented the 2nd and 3rd quarter Financial Reports and brought
some important items to the Board’s attention:
• Carry-forward items: after the original budget is approved, carry-forwards
including encumbrances such as purchase orders, are approved and
posted to the general ledger. These increases are included in the second
quarter expenditure totals, but not the revenues. Encumbrances do not
increase revenues. Unfulfilled purchase orders are approved funds not
used in a previous year, for example, a flu vaccine order placed in the
spring and paid in fall.
• Deferred revenue items: funds received near the end of the year that the
department is unable to spend are put into a deferred revenue account
and then placed in the general ledger after the ordinal budget. These
increase revenue and expenditures by the same amounts.
• Capital purchases: Capital items were purchased in several different
ways; a purchase order that was encumbered in the previous year and
not paid until this year; a fund transfer from one line item to another; and
additional State or Federal grant funds, such as the purchases from the
H1N1 funding.
E. Budget Update
Wayne Sherman reported that the County Manager has informed department
heads that there is a need to reduce all departmental budgets for the 2010-2011
year significantly in order to present the county commissioners with a balanced
budget that requires no tax increase. Each department was directed to submit
a 15% cut in the county support portion of their budget request. He directed
departments to first look at non-mandated programs and then to look at
reducing services in mandated programs to minimum acceptable levels.
The 15% cut is approximately an additional $780,000 reduction of the Health
Department budget. The Department budget is comprised of 85% personnel
costs and 15% operating costs. The senior management staff has examined all
of the options available for cutting additional programs and services. The
department submitted $322,157 in capital requests that included technology,
furnishings, equipment, and vehicles. A summary of budget cuts from FY08-09
and FY09-10 was provided for Board member information.
The County Manager will be recommending a budget to the county
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commissioners no later than May 20 (Hillsborough) which is also the date of the
first of two public hearings on the budget. The second public hearing on the
budget is May 25 in Chapel Hill.
The Board of Health was asked to consider whether the Board:
• Supports no further cuts to the Health Department budget
• If not, which programs should be considered by the Health Director for
further cuts
• Should communicate directly with the County Manager and
Commissioners about the department’s budget concerns
• Should discuss the appropriate timing for communications with the
County Manager and Commissioners
• Should have a consistent message in communicating with the Manager
and Commissioners
• Should adopt a strategy for communicating with the Manager,
Commissioners and the public.
The Board was asked to offer direction to the Health Director on further actions
that are needed.
Paul Chelminski asked for a further explanation of Orange County’s loss of
revenues that is a factor in this year’s budget planning. Commissioner Yuhasz
replied that revenue reduction was due to a projected decrease in tax
revenues. Steve Yuhasz also stated that the County is expecting a reduction in
the Medicaid relief package for counties, sales tax revenues, and personal
property taxes; therefore spending must be reduced. There is also a need to
fund increased capital debt.
Christopher Cooke commented on the options presented and questioned the
strategic advantage of going along with the proposed cuts. He stated that as
one option it would be better to take a stand that these cuts are unreasonable
and deal with the consequences when they are made. Secondly, he pointed
out the County’s history of deference to the schools versus healthcare,
questioning which the citizens would rather have, protection from an infectious
disease or a library completely full of books. He stated that there are different
levels of attributes that are important as in Maslow’s Hierarchy of Needs, some
things you have to have and some things are nice to have and questioned why
county services are exempt from that kind of assessment when it comes to
budget cuts. He stated that it seemed fair to make an across the board 15% cut
but questioned if that policy was doing the County a service by cutting every
department equally. He felt there was an opportunity for pushback and that
was where he felt the Board should put its energies.
Anissa Vines replied that for the Board members that were on the BOH last year
the same kind of issues came up and that the Department operating costs had
been cut to the bone at that time and wondered realistically where the 15%
could come from.
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Tony Whitaker commented that he did not know the County Manager’s style of
management as it would relate to budget, but it seemed a reasonable premise
for him to open budget negotiations with a 15% across the board cut knowing
that it would not come out that way. To the point of why the Department would
offer up anything, he felt the effort should go towards shaping the outcome
even if we cannot dictate the outcome. He felt it was important from a
credibility standpoint to take a hard look at what can be cut and offering what
we are able to cut but then stopping short and taking a stand that the
Department cannot go to the 15% level.
Anissa Vines pointed out that this was a new County Manager for Orange
County. Last year when the Board submitted the budget it was accompanied
by a letter from the Board that the FY09-10 Budget was approved by the Board
of Health with serious reservations and recognizing that the cuts would
tremendously impact the health of the County as Christopher Cooke has
pointed out.
Jessica Lee stated she would absolutely agree with the observation by Tony
Whitaker and that the Department should be at the table shaping that proposal.
She also stated that the Board needs to go on record and state that the
directive is to look at non-mandated services first and then look at reducing
mandated programs to the minimum levels. The Board’s statement should be
that the Department is already at the minimum level.
Steve Yuhasz said that if the Commissioners were to look at mandated services
and look at non-mandated services as potential savings, we are not mandated
to provide dental services and the Board needs to keep that in mind. He stated
the Commissioners have had discussions about the things that we have to do
and the things that are nice to do. If budget restraints require that there be
substantial cuts, it would be regrettable, but the dental program would be
considered rather than cut the mandated programs to a point where they can
barely survive and it is a point to consider.
Chris Harlan stated that we are talking about a quality of life and we are talking
about health services for everyone, for example, what Environmental Health
does affects everyone in this county. A lot of the people that come to the
Department for personal health services are people that are at risk already. If
you look at any health status indicator dental is at the top. The only reason we
don’t have dental in healthcare plans today is that years ago people did not
recognize that dental is an important part of health. It is Maslow’s Hierarchy and
when money is tight you come down to the basic necessities and going to what
is mandated is only the bare minimum. That is not the bar we want to be at.
Steve Yuhasz said that he was not arguing that was the bar we want to be at but
if we in fact have to be at the bare minimum then we need to look at how we
protect the bare minimum. He emphasized that he was not advocating
anything but only pointing out that this is the way the Board of County
Commissioners is going to have to look at this year’s budget and probably next
year’s budget.
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Chris Harlan replied that she recognized that the whole issue is about the level
taxes are at in Orange County but it doesn’t recognize the whole picture. She
emphasized that paying taxes is a part of being a citizen of this world and we
should willingly pay taxes if it makes life better for everybody. There is no point
living in a society with a huge number of people who have everything they
could ever want and a whole other portion that has very little. That is not quality
of life for anybody. And this whole premise of taking a stand that “we’re not
going to raise taxes” is in her opinion unethical. To make the cuts the way we
have to make them at the level of health and human services is not right. We
are no longer living in an ethical society.
Anissa Vines said that last year the Board did put Carr Mill on the table and that it
would be helpful for her to hear from staff why that wasn’t put back on the
chopping block for this year.
Christopher Cooke asked to briefly respond to some of the comments. He stated
that he is not sure what the difference is between accepting a 15% cut and then
shaping what we propose to cut or in saying no we don’t accept it, having it cut
anyway and shaping what we do with the cut. It seems to be the same thing.
This is where public health usually finds itself in these kinds of discussions, which is
fighting over the scraps. What he suggested is if there is an opportunity to take
this discussion to the next level, maybe we should be doing that. With no
pushback how can we expect to have a different conversation next year?
There’s no reason to do that because Commissioner Yuhasz is right. The
Commissioners know what they have to do. They’re looking at numbers; they
are required to do certain things. As important as it is to be cognizant about the
pain that is across the community and how we need to be on the team, etc, he
stated he has no problem with that. There is also the advocacy side of the coin
which is at some point we have to argue with the status quo if we think the status
quo is hurting the community from the public health point of view. If we are at
the minimum level for services, why aren’t more alternatives on the table? That’s
my point.
Anissa Vines said she had concerns about the Social Worker II position that was
eliminated after listening to the Child Fatality Task Force report and knowing that
last year we had to make some major changes to the family home visiting
program. One of the reasons why we had advocated for keeping that position
was because it was providing services to at-risk families. The chair also said she
had concerns about Environmental Health. Currently the Office Assistant
position has been eliminated, but prior to that an Environmental Health Specialist
position was frozen creating a further backlog in critical food and lodging
inspections.
Steve Yuhasz commented that he has heard people come out and say “raise
my taxes so we can put more money into the schools” but he has not heard
people come out and say “raise my taxes so we can put more money into
public health.”
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Chris Harlan said that was because the department works with vulnerable
populations who have a difficult time getting to the Commissioner’s meetings
and are not confident with speaking in a public forum. Jessica Lee stated that
not enough Board of Health members had come forward to speak on behalf of
public health in past years, whereas the schools have been able to garner
support from the parents and teachers in much larger numbers, to the point that
if only one Board of Health members speaks versus ten or more from the schools,
it is the school’s messages that Commissioners remember. Chris Harlan stated
that she had been to budget hearings numerous times and she resents coming
to the Commissioners and having to beg for health department funding. She felt
that the need should be obvious.
Wayne Sherman stated that there was another risk that we would face and that
would be potential retirees; two are known at this time. Those positions
according to the County Manager will be eliminated, which means the rest of
the staff will have to take on additional responsibilities. These two positions are
critical to the department to be able to function effectively.
Mike Carstens said that we need to take a close look at priorities and questioned
how many mandated services we can trim.
Steve Yuhasz said the county is also looking at support of outside agency funding
and duplication of effort and effectiveness. All the public health issues are
important. He pointed out that Orange County is two ambulances short and
current response time is 17 minutes, which needs to be cut down to 12.
Chris Harlan said that she is not talking about ambulances; she is referring to the
art councils, parks and the libraries. Those things are what are nice in life and
they are valuable, but when times are tough you come down to what is needed
to support life and the other things are what can go for now.
Steve Yuhasz said the Board needed make sure to tell the County Commissioners
that.
Christopher Cooke asked if county employees were prohibited from attending
budget meetings and advocating for the budget. This was affirmed by the
Chair.
The Chair asked for the Board to decide what action they would agree to
support and called for a motion.
Tony Whitaker asked if we had a sense for whether other departments were
experiencing an increase in demand for services. It is clear that our demand for
services is increasing while we are being asked to cut our budget. Wayne
Sherman said that Social Services is also experiencing an increase in demand for
services. Tom Konsler stated that to his knowledge planning and inspections was
not experiencing an increase in demand for services and there may be others as
well. Tony Whitaker asked if we were unique in experiencing an increase in
demand. Wayne Sherman stated that being a safety net provider in times of
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economic downturn, Social Services and the Health Department, from the
standpoint of health and dental services is in greater demand.
Chris Harlan stated she felt the Board should take the stand that we have done
enough and this is as far as we can go and it is a political decision for the
Commissioners to make. She also pointed out that some non-mandated services
are revenue producers and questioned the wisdom of cutting revenue
producing programs simply because they are not mandated.
Motion to draft a letter to the Board of County Commissioners from the Board of Health
expressing the Board of Health’s position and objections to proposed budget cuts that would
adversely affect delivery of mandated public health services was made by Jim Stefanadis,
seconded by Chris Harlan, and carried without dissent.
F. Medicaid Audit Findings for Statewide Public Health
Each year staff at the NC Division of Public Health gathers information from each
local health department and prepares a cost report for all Medicaid services
offered by each health department for a fiscal year. These cost reports are
averaged across the state to determine a total settlement amount for all of the
local health departments. The Division of Public Health uses a formula based on
costs and service numbers identified for each department to distribute the funds
to each health department. The settlement is based only on the federal share of
the Medicaid earnings (approximately 65%), not the state share. Orange County
has earned approximately $250,000 each year since the inception of the
program in the late 1990’s. These funds have been placed in a capital account
and allowed to accrue over the years and are used for renovations, equipment,
and furnishings. Earnings must be spent in the program that earned the revenue.
In 2006 the NC Division of Medical Assistance Audit Division began conducting
desk audits of this process. Orange County Health Department along with 12-14
other departments was audited in 2007 for the FY04-05. The audit letter received
in 2008 stated that there were disallowances identified that would affect the
calculation of the reimbursement amount. The health director sent a letter to
the Audit Division requesting an exit conference to dispute the findings and has
received no reply to date. In addition, papers were just submitted for a desk
audit for FY08-09.
Wayne Sherman reported that last month, 10 health departments across the
state received letters from the Audit Division for FY04-05 audits that identified
major disallowances in calculating the total costs for each department. Orange
County was not one of these.
At the March 18th meeting of the North Carolina Association of Local Health
Directors (NCALHD), the Association approved a motion from the
Reimbursement and Finance Committee to authorize the Association’s President
to utilize $25,000 of Association funds to begin the process of appealing
Medicaid’s decision to disallow costs for 10 health departments as the result of
desk audit reviews for FY04-05. On March 8, 2009 eight health departments
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across the state received notification from DMA stating that significant Medicaid
costs would be disallowed for FY04-05 secondary to their audit findings.
Subsequently two additional departments received letters.
The impact of these Medicaid audit findings do not just impact the health
departments receiving notice, it impacts the entire local public health
community for cost settlement payments. If these Medicaid audit findings
prevail, local public health will loose millions of dollars for services provided to
citizens across the state beginning with FY05. It is important for all local health
directors, Boards of Health, County Managers and County Commissioners to
recognize the impact on local cost settlement reimbursement for public health
programs across the state. The Association voted to approve a supplemental
dues request of $1,000 for all 100 counties to assist in the appeals process. It was
agreed that each county should pay an additional $1000 for FY09-10 to support
the Associations efforts to appeal DMA’s decision. The Health Department paid
this additional amount by reducing other expenses to cover this additional
charge.
Steve Yuhasz asked if we knew what the payback amount would be for Orange
County if the lawsuit was unsuccessful. Letitia Burns stated that the information
was not available at this time. Wayne Sherman said that the auditors had not
responded back to the Health Director as to what they are disallowing to date.
Staff recommended the Board consider sending a letter of concern to
Commissioners regarding this situation. The Board took no action on this item.
G. Final Report Dental Services Options
Angela Cooke presented the Option Financial Spreadsheet provided for Board
information and it contained 6 options for delivering dental clinical services by
the county. The following factors were considered in making a recommendation
for which option to pursue:
• Provides dental clinical services to both Medicaid and uninsured Orange
County residents
• Preserves access to comprehensive dental services for Medicaid and
uninsured residents
• Efficiencies of service delivery
• Distribution of current patients
• Current county financial status for providing services
Based on these factors the staff recommended the Board consider the following:
Recommendation 1: Exercise Option 2 beginning July 1, 2011. Option 2 is a
single 8 chair clinic at the Whitted Building utilizing the current staff complement,
transitioning those being served at Carr Mill to the Whitted site by providing
transportation vouchers. This allows sufficient time for renovation of Whitted for
dental after the personal health clinical space is renovated and allows for an
orderly transition from providing services at Carr Mill prior to the lease expiration
October 2011.
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Recommendation 2: Exercise Option 3 beginning July 1, 2012. Option 3 is a
single 8 chair clinic at the Whitted Building with increased staff (additional
dentist, hygienist, and dental assistant). This maximizes the services that can be
delivered for an 8 chair clinic.
Exercising this option would allow for full transition to a single location and
provides time to recruit new staff. Because of recruitment and orientation times,
new staff may not be fully productive during the first year of operation.
Recommendation 3: Exercise Option 1 beginning July 1, 2021. Option 1 is two
full time clinics at different locations (one south and one north) in the county.
This option provides the best access to comprehensive dental services for county
residents.
Delaying Option 1 for ten years is not ideal, but allows a true test of the one site
concept for accessibility to the population, allows the county finances to fully
recover, and allows for a deliberate dialogue and engagement for site
selection(s) in light of an additional 10 years of population growth.
Motion to approve Option 2 (Recommendation 1) as the preferred option by the Board of
Health, followed by Option 3, then Option 1 and forward to the Board of Commissioners for
consideration was made by Christopher Cooke, seconded by Chris Harlan, and carried
without dissent.
H. Review Terms of Service for Board Members
Each year the Board reviews the Board roll and determines if any member’s
term(s) of service expire on June 30 and need to be recommended for renewal
or whether recruitment for new members needs to occur.
Two members are completing their second three year term of service and are
not eligible to serve again by adopted Board of Commissioner policy. Jim
Stefanadis, the Pharmacy representative and Jessica Lee, the Dentist
representative will be rotating off on June 30, 2010. In addition DeWana
Anderson, the Veterinarian representative has resigned from the Board due to
work commitments.
The Board will be beginning the recruitment procedure under the direction of
Chris Harlan, Chair of the Nominating and Bylaws Committee. The Board was
informed that applicants have been found for the pharmacist and dentist
representative vacancies. There has been difficulty locating a veterinarian to
serve on the Board of Health that lives in Orange County.
I. Informational Items
a. UNC Research Facility-Bingham Township Report: A group called Preserve
Rural Orange has been in active communication with UNC regarding the animal
research facility located in Bingham Township. There have been many concerns
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raised by neighbors regarding expansion of the facility. The wastewater system is
permitted by the Division of Water Quality and was recently expanded with a
new treatment plant, holding lagoons, and spray irrigation fields. The system has
been plagued with problems and UNC has decided to take the system off-line
and is using the treatment plant to store wastewater to be hauled by truck to
OWASA for treatment and disposal. UNC is preparing an alternative strategy for
their wastewater to include advanced treatment and re-use. Although
neighbors have raised concerns about possible contamination of their wells,
there is no reason to believe that activities at the facility have posed any risk to
water supplies. The UNC Environment, Health and Safety office has been
keeping county staff advised of their plans as they develop.
b. Falls Lake Nutrient Management Strategy: The BOCC abstract describing the
Falls Lake nutrient management rules and a PowerPoint slide summarizing the
Falls Lake Consensus Principals was provided for further information. The Board of
Commissioners adopted the consensus principles in their March 16th meeting.
The Division of Water Quality is moving ahead with proposed rules despite
concerns from stakeholder groups that the modeling was inaccurate,
particularly with respect to the level of nutrient contribution from septic systems.
The Board of Health was given this information to be aware of these rules as they
develop because these rules will have a future impact on septic systems.
Possible outcomes include:
• The requirement of costly advanced treatment units on new septic
systems
• Required surveys of septic system performance, and/or
• A significant expansion of our Waste Treatment Management Program
(WTMP) to include all septic systems in the Falls Lake Watershed.
c. Board of Health Education Plan for 2010: Board members were provided with
a schedule with topics as a follow up to discussion at the March Board of Health
meeting.
d. Committee Reports: Environmental Health/Quality Assurance Committee
and the Clinical and Community Program Committee minutes of the April
meetings were provided as information.
e. Media Clips: Media clips relative to current issues were provided as
information.
f. Pending and Recurring Items: A table of pending and recurring Board of
Health agenda items for reference and future planning.
V. Board Comments/Announcements
A. None
VI. Adjournment
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Motion to adjourn the meeting was made by Chris Harlan, seconded by Jessica Lee, and
carried without dissent.
The next Board of Health meeting will be held on May 26, 2010 at the Southern Human Services
Center, Chapel Hill, North Carolina at 7:00 PM.
Respectfully submitted,
Rosemary L. Summers, MPH, DrPH
Health Director
Secretary to the Board