Senator Eliot Shapleigh - El Paso, Texas

Rep. Abel Herrero

AUSTIN - A South Texas lawmaker who led a panel investigating blunders associated with the privatization of health care eligibility processing says Health and Human Services Commissioner Albert Hawkins has still not been held accountable.

Rep. Abel Herrero, D-Robstown, made his comments after learning that the Senate Nominations Committee had recommended that Hawkins be reappointed. The vote was 5-2, with Sen. Eliot Shapleigh, D-El Paso, one of those voting no.

“I respect the decision of the Senate Nomination Committee, as it is their responsibility to undertake the difficult task of appointing a commissioner,” Herrero said.

“Even though Commissioner Hawkins has now acknowledged that he should ultimately be held accountable for the failures of the Accenture contract and IEES pilot program, he still has not been held accountable.”

Herrero pointed out that flaws in the Texas Integrated Eligibility and Enrollment Redesign System (TIERS) and Integrated Eligibility and Enrollment System (IEES) still remain while millions of taxpayer dollars have been spent. 

He also pointed out that Hawkins runs a state agency with an annual operating budget of $15 billion and 8,500 employees.

"The services provided through HHSC cannot be taken lightly; nor can the responsibilities of the executive commissioner,” Herrero said.

“Commissioner Hawkins’ decisions and ability to supply proper direction for programs such as Medicaid, Children's Health Insurance Plan, Temporary Assistance for Needy Families and Food Stamps directly affect the ongoing delivery of necessities to the children and families of Texas.”

A draft report produced by Herrero’s panel showed that HHSC was notified in advance and fully aware of the inefficiencies with the TIERS system's inability to properly integrate with Integrated Eligibility to provide services to eligible recipients in an efficient and reliable manner before the pilot programs were implemented. 

“Unfortunately, the Executive Commissioner, Albert Hawkins, chose to proceed with TIERS and IE before they were ready. As a result, the eligible recipients of these programs were wrongfully denied services,” the draft report stated.

The final report produced by the panel left out direct references to Hawkins. “I was outvoted,” Herrero told the Guardian.

Appearing before the Senate Nominations Committee Wednesday, Hawkins acknowledged that tens of thousands of poor children lost health coverage because of the botched management of call centers by private companies. “We regret very much the administrative mistakes that were made,” Hawkins said.

Shapleigh asked Hawkins about the death of Devontae Johnson, a 14-year-old Houston boy. His mother complained that the privatized eligibility system lost the paperwork. The delay in receiving treatment meant his tumor grew. He died last month of kidney cancer.

Hawkins said that in Johnson’s case, the paperwork was “bounced” between Medicaid and the Children’s Health Insurance Program. “Of course, we regret very much the administrative mistakes that were made in processing that case,” Hawkins said.
Asked by Shapleigh who should be held accountable, Hawkins said the ultimate responsibility was his.

“We cannot allow a repeat of these mistakes,” said Herrero, referring to the eligibility processing blunders. “We must ensure that eligible children and adults in Texas receive the benefits they are qualified to obtain so that Texas can provide effective and reliable services to those who depend upon it for their health and their lives.”

Sen. Kevin Eltife, R-Tyler, was the other member of the Nominations Committee to vote against Hawkins’ re-appointment. Eltife was unhappy with Hawkins’ responses earlier this year when asked about a proclamation by Gov. Rick Perry that sixth-grade girls be immunized for the HPV virus.

Sen. Kirk Watson, D-Austin, was one of those voting for Hawkins. “I am convinced that you have the heart and you have the intellect and the ability to do this job well,” Watson said.