Office of Administrative Hearings Julian Mann, III Director and - PowerPoint PPT Presentation

Office of Administrative Hearings Julian Mann, III Director and Chief Administrative Law Judge Legislative Overview For JOINT APPROPRIATIONS SUBCOMITTEE ON GENERAL GOVERNMENT March 1, 2017

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Joint Appropriations Question • How do you measure your agency’s effectiveness and outcomes?

CONTESTED CASE PETITIONS FILED 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 100000 20352 1493714505 10184 10204 12274 9538 10000 6693 3717 2000 1593 1934 1622 2131 2235 2154 2333 2214 2134 2256 2291 1342 1000 Petitions 100 10 1

CONTESTED CASE PETITIONS WITHDRAWN OR SETTLED 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 100000 21942 12256 11975 10345 8340 7561 10000 5941 6510 1153 1187 1301 1271 1689 918 888 856 786 770 759 1000 728 712 532 Petitions 100 10 1

CONTESTED CASE PETITIONS CLOSED BY DECISION 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 10000 2379 1153 1290 1285 1290 1257 1138 1140 1011 1086 1030 986 977 996 970 945 941 916 794 1000 751 726 673 Cases 100 10 1

AVERAGE AGE BY YEAR OF ALL CASES CLOSED 2001 2002 2003 2004 2005 2006 2013 2014 2015 2016 300 240 250 237 216 216 215 203 195 200 182 183 177 Days 150 100 50 0 Data not available for 2007-2012 Medicaid Recipient Appeals and Equal Employment Opportunity Appeals not included

Rules Division Rules Disposition Statistics and Efficiency Measurements (by fiscal year) FYE FYE

Periodic Review and Expiration of Existing Rules

Office of Administrative Hearings Civil Rights Division Case Filings 160 143 140 120 120 107 97 95 100 77 73 71 80 64 60 40 20 0 2007- 2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2008 2009 2010 2011 2012 2013 2014 2015 2016

Office of Administrative Hearings Civil RIghts Division Case Closings 99 99 100 92 91 89 86 90 81 80 80 66 70 60 50 40 30 20 10 0 2007- 2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2008 2009 2010 2011 2012 2013 2014 2015 2016

Joint Appropriations Questions • How do you measure efficiency within your agency/department? • Do you have metrics that you use to monitor agency performance? If so, please provide.

ADMINISTRATIVE LAW JUDGE PENDING/CLOSED FILE STATS FOR 2016 ALJ1 ALJ2 ALJ3 ALJ4 ALJ5 ALJ6 ALJ7 ALJ8 1000 499 271 252 227 222 221 211 207 208 201 199 160 159 120 100 42 38 35 34 34 33 32 26 24 21 19 16 10 10 0 1 Pending Cases All Cases Cases Closed Avg. Age of Filed Before Closed By Decision Cases Closed 10/1/2016 in 2016 in 2016 By Decision in 2016

ADMINISTRATIVE LAW JUDGE PENDING/CLOSED FILE STATS FOR 2015 ALJ1 ALJ2 ALJ3 ALJ4 ALJ5 ALJ6 ALJ7 1000 315 272 277 264 259 255 251 249 236 240 196 193 100 68 63 45 41 38 38 34 24 17 17 15 9 10 1 Pending Cases All Cases Cases Closed Avg. Age of Filed Before Closed By Decision Cases Closed 10/1/2015 in 2015 in 2015 By Decision in 2015

ADMINISTRATIVE LAW JUDGE PENDING/CLOSED FILE STATS FOR 2014 ALJ1 ALJ2 ALJ3 ALJ4 ALJ5 ALJ6 1000 444 338 322 281 255 220 212 214 199 182 100 65 58 38 35 32 28 26 26 21 20 10 1 Pending Cases All Cases Cases Closed Avg. Age of Filed Before Closed By Decision Cases Closed 10/1/2014 in 2014 in 2014 By Decision in 2014

Civil Rights Investigator Pending/Closed Charge Stats for 2016 Civil Rights Investigator Pending/Closed Charges for 2016 CRDI 1 CRDI 2 CRDI 3 CRDI 4 30 CRDI 1 CRDI 2 CRDI 3 CRDI 4 Pending Charges in 2016 17 18 18 20 All Charges Closed in 2016 23 23 24 23 25 24 23 23 23 Charges Closed by Decision in 2016 17 18 8 15 20 20 Settlements in 2016 3 4 7 5 18 18 18 17 17 Withdrawals with Benefits in 2016 1 1 15 15 Administrative Closures in 2016 3 1 8 2 10 8 5 0 Pending Charges in 2016 All Charges Closed in 2016 Charges Closed by Decision in 2016 50 0 Pending Charges in 2016 Settlements in 2016 Civil Rights Investigator Pending/Closed Charges for 2016

Civil Rights Investigator Pending/Closed Charge Stats for 2015 Civil Rights Investigator Pending/Closed Charges for 2015 CRDI 1 CRDI 2 CRDI 3 CRDI 4 CRDI 1 CRDI 2 CRDI 3 CRDI 4 Pending Charges in 2015 17 10 12 16 30 All Charges Closed in 2015 24 24 23 21 Charges Closed by Decision in 2015 22 20 9 15 25 24 24 23 Settlements in 2015 0 2 7 5 22 21 20 Withdrawals with Benefits in 2015 1 0 1 20 Administrative Closures in 2015 1 2 6 1 17 16 Civil Rights Investigator Pending/Closed Charges for 2015 15 15 18 12 16 14 12 10 10 10 9 8 6 4 2 0 5 CRDI 1 CRDI 2 CRDI 3 CRDI 4 Pending Charges in 2015 Settlements in 2015 0 Pending Charges in 2015 All Charges Closed in 2015 Charges Closed by Decision in 2015

Civil Rights Investigator Pending/Closed Charge Stats for 2014 Chart Title Civil Rights Investigator Pending/Closed Charges 2014 CRDI 1 CRDI 2 CRDI 3 CRDI 4 30 CRDI 1 CRDI 2 CRDI 3 CRDI 4 Pending Charges in 2014 8 17 13 18 25 30 All Charges Closed in 2014 25 19 21 20 20 Charges Closed by Decision in 2014 22 16 15 10 15 25 25 Settlements in 2014 0 0 2 3 10 Withdrawals with Benefits in 2014 1 2 1 5 22 5 21 Administrative Closures 2 1 3 2 20 0 20 19 CRDI 1 CRDI 2 CRDI 3 CRDI 4 Civil Rights Investigator Pending/Closed Charges for 18 Pending Charges in 2014 All Charges Closed in 2014 17 2014 Charges Closed by Decision in 2014 Settlements in 2014 16 Withdrawals with Benefits in 2014 Administrative Closures 15 20 15 15 13 10 5 0 CRDI 1 CRDI 2 CRDI 3 CRDI 4 10 10 Pending Charges in 2014 All Charges Closed in 2014 Charges Closed by Decision in 2014 8 5 0 Pending Charges in 2014 All Charges Closed in 2014 Charges Closed by Decision in 2014

Civil Rights Investigator Average Charge Processing Time Civil Rights Division Investigator Average Processing Time CRDI 1 CRDI 2 CRDI 3 CRDI 4 2014 Average Days 2015 Average Days 2016 Average Days 2014 Average Days 97 260 235 251 400 2015 Average Days 129 300 232 340 2016 Average Days 102 220 181 256 350 340 300 300 260 256 251 250 235 232 220 200 181 150 129 102 97 100 50 0 CRDI 1 CRDI 2 CRDI 3 CRDI 4

Joint Appropriations Questions • Are you planning any changes to the current structure of your organizations? • Will this impact your agency’s budget?

MEDICAID RECIPIENT APPEALS Case Filing Statistics 25000 20548 20000 18633 15000 13841 12933 12677 11344 10881 9448 10000 8713 8579 8213 7667 7168 7000 approx 4359 5000 4000 0 2009 2010 2011 2012 2013 2014 2015 2016 Filed Closed

MEDICAID RECIPIENT APPEALS AVERAGE AGE FROM FILING TO CLOSING [VALUE] 160 140 DHHS 120 [VALUE] 100 [VALUE] [VALUE] DAYS 80 60 40 OAH OAH OAH 20 0 2008 2014 2015 2016

Totals $3995.0 $25,327,489.86

Joint Appropriations Questions • What are your overall goals for your department/agency over the next biennium?

 Increase disposition times across divisions.  Increase service to the public by increasing efficiencies.  Increase transparencies on Office of Administrative Hearings website.  Increase e-filings requirements for all users.

Joint Appropriations Questions • What are your budget request/needs for the biennium?

Receipt supported Medicaid Administrative Law Judge This position will replace the receipt supported Attorney II position that has been serving as the Temporary Administrative Law Judge as appointed by the Chief Administrative Law Judge set forth in N.C.G.S. § 7A- 757. This position also serves as the Medicaid Administrator. The receipt supported Attorney II position will be abolished when Medicaid Administrative Law Judge is established. This position will conduct fair and impartial Medicaid Recipient contested case hearings in accordance with the Administrative Procedures Act (Articles 3 and 3A of Chapter 150B), and specifically N.C.G.S. §§ 108A-70.9A&B and 108D (Managed Care Organizations). Total Cost Net Difference $3,618 (Salary and Fringes)

Civil Rights Investigator This position will conduct investigations of charges of employment discrimination covered by applicable statutes filed by applicants, current and former employees. Principle responsibilities include pre- investigative activities, investigative planning, technical report writing, settlement activities, legal research and post investigative activities. Duties within the various areas of responsibility include organizing and preparing charge files, on-site visits, developing all sources of evidence, inspecting agency facilities, reviewing, examining and auditing agency’s personnel policies and practices, interpreting compliance with State and federal nondiscrimination statutes. Total Cost Recurring $87,251 (salary, fringes, costs, postage and supplies) Non-Recurring $1,074 (furniture)