by James C. Sherlock

You know how sometimes you try to do the right thing for the right reason, and it blows up in your face?  

One of the newest members of the General Assembly is freshman Delegate Garrett McGuire, D-Fairfax. He is either the bravest of the Democrats or one who committed a rookie mistake. 

His HB 1423, as introduced, stated in part:

§ 1. That the Department of Behavioral Health and Developmental Services (the Department) shall analyze the existing authority for oversight and accountability of group homes and make recommendations for increasing the oversight and accountability of group homes. (emphasis added)

So, knowingly or not, Del. McGuire asked for an assessment of increased oversight, accountability, and investigation into the Medicaid-funded business of Senate Finance and Appropriations Chair Louise Lucas.

Right thing to do. Prescient even. But Del. Garrett is unlikely to be well received in Democratic circles, who may be asked whether they, too, are interested in improving client safety at Lucas Lodge. Or if the Justice Department investigation is still driven solely by Republicans mad about redistricting. Or something.

Del. Garrett’s bill is most likely explained by an event in his family history, a friend’s, or a constituent service.  It was good legislation.  HB 1423 Amendment In The Nature Of A Substitute (Proposed by the House Committee on Health and Human Services) is the version that was ultimately voted on.

§ 1. The Joint Commission on Health Care (the Commission) shall conduct a comprehensive study of the statutory and regulatory framework governing oversight, accountability, and investigative processes for all settings licensed or overseen by the Department of Behavioral Health and Developmental Services (DBHDS), including providers participating in the Medicaid developmental disabilities waiver programs. (emphasis added)

The substitute in part directed an assessment of:

current practices permitting licensed providers to investigate allegations of abuse or neglect involving their own staff, and assess whether such practices ensure independence, impartiality, transparency, accountability, and due process;

Yes, providers do investigate their own staff for abuse and neglect under the current DBHDS system. For a provider with the gruesome client injury and death record of Lucas Lodge, it must prove to be nearly a full-time job.  So, Del. Garrett’s bill was good-government stuff. But bills to improve patient safety, let alone patient safety in members’ own healthcare-related businesses, very rarely survive in our General Assembly.  

The Behavioral Health Subcommittee of the House Health and Human Services Committee, including two Republicans, all but set fire to HB 1423.

Good thing Mr. Garrett did not introduce his bill as a senator.