In a pretty business legislative session in terms of technology, the Texas Legislature gave technology vendors good news and bad news and in some cases politicized the governance and management of technology.

When the 80th regular session of the Texas Legislature met in 2007, they passed several pieces of technology related legislation. The 2008-2012 State Strategic Plan for Information Resources, recently released by the Department of Information Resources (DIR), provides a review that legislation and describes how they are planning to meet the new requirements.

HB 66 -- Requires state agencies to use power management software to reduce the amount of energy used to operate networks and networked personal computers. The Legislative Budget Board (LBB) believes the state will save over $3.8 million during the first two years of implementation. The savings has been estimated at $20 per computer per year and that state currently maintains approximately 109,000 network personal computers and 193,000 at state universities. DIR must research and award contracts and if the cost savings are feasible, state agencies must begin using those contracts during this biennium (2008-2009).

HB 1788 -- Consolidates agency planning and reporting to require agency information resources (IR) strategic plans be included in agency strategic plans. Agencies must also submit a biennial review of their information systems deployments. The bill also requires DIR to prepare a biennial report on streamlining technology data collection.

HB 1789 -- Redefines quality assurance procedures to apply to project management practices. After a major information systems deployment, state agencies would have to report to the Quality Assurance team, which consists of the State Auditor, LBB, and DIR. DIR is required to develop project management practices that take into account varying levels of project size and complexity.

HB 2714 -- Requires manufacturers of personal computers to implement computer recycling programs that are certified by the Texas Commission on Environmental Quality. The programs would have to be free to consumers who purchased computers. DIR is required by this legislation to give preference to computer manufacturers with programs in place to recycle computers from other manufacturers. If a manufacturer is not in compliance with this law they will not be able to participate in procurements.

HB 2918 -- Eliminates the Catalog Information System Vendor (CISV) registration program and transfers to DIR the technology aspects of the Texas Multiple Award Schedule program. Certain non-government organizations are now allowed to use DIR cooperative contracts. Any business processing outsourcing (BPO) projects over $1 million must use the Project Management Delivery Framework and project plans must be filed with the Quality Assurance team. Contract managers must be trained on advanced sourcing strategies, techniques and tools.

HB 3106 -- Transfers the Electronic Government Program Office from DIR to the Comptroller of Public Accounts (CPA) to ensure that the uniform statewide accounting project includes enterprise resource planning (ERP). The bill allows CPA to require state agencies to modify, delay or stop the implementation of individual ERP systems. An Enterprise Resources Planning Council is established and has been tasked with developing a plan that contains key requirements for the CPA's implementation of enterprise ERP standards.

SB 687 -- Allows state agencies to use TexasOnline.com for payment tracking and defines point-of-sale transactions on TexasOnline.com. DIR is required to develop standards for agencies' expanded use of the web portal to ensure consistency and compatibility.

SB 757 -- Requires increased coordination between DIR and the Telecommunications Planning and Oversight Council. Several planning and reporting functions are transferred from the council to DIR.

There are several pieces for good news for companies selling technology products and services to the state of Texas:

• Power management software vendors have new vistas of opportunity as this software may become mandatory for state agencies and universities to use.
• Many agencies will not have the staff or technology planning resources required to develop the new agency-level IR plans so they will be turning to consulting companies for assistance.
• Consultants may also be required to help agencies with the biennial review reports of information system deployments now required.
• Several pieces of new legislation require a strengthening of project management skills. Agencies may contract with companies for these skill sets or look to training companies to provide in-house personnel with the skills now required.
• Personal computer manufacturers with recycling programs that include the ability to recycle computers made by other companies will have the edge in Texas procurements.
• Training companies that provide courses and customized training on sourcing strategies will be much in demand.

While INPUT applauds the state's desire to centralize ERP planning and require standards development to ensure uniformity and compatibility across the many state agencies, we are concerned that responsibility for this falls under CPA. This is an elected position in Texas, and we saw during the 2006 gubernatorial race how an IT project failure became a political issue. The reasons for the Texas TIERS failure were many and not conducive to being "summarized" in a sound bite. We worry that the development and deployment of very large, complex systems may become needlessly politicized. We're also a little concerned about the composition of the Quality Assurance team and how it may be influenced by vendors with deep pockets.

A lack of sufficient security policies and procedures has placed NJ Medicaid participant's sensitive information in jeopardy. The state has failed to adequately monitor access to key personal information in the Medicaid Management Information System (MMIS) which could expose participants to fraud, abuse and misuse.

In a series of three recent audits by the NJ Office of State Legislature, the Department of Health Service's Medicaid program was harshly criticized for inadequate information security planning, auditing, management, edit controls and monitoring capabilities. The most recent audit, released April 24, 2008 indicated that the Department fails to properly monitor access to Medicaid participant's information such as social security, tax identification numbers and birth dates in the MMIS. The MMIS supports the $9 billion program by processing claims for more than one million participants. Previous audits found that individuals earning as much as $295,000 were enrolled in the program which targets low-income populations. Other findings included questionable medical equipment purchases. Recommendations for improvement included an enhanced audit trail, such as a department log to access information.

The legislative reprimand comes as the state is gearing up for a re-bid of the MMIS and will likely have a major impact on the scope of work and system requirements. In particular, emphasis will likely be placed on audit trail capabilities and security measures. The incumbent contract with Unisys is scheduled to expire August 23, 2008. Further information on the MMIS re-bid project from INPUT can be found here.

Many states are moving toward child care transparency by providing parents with online access to public records, such as information on inspections, complaints, and enforcement of standards. But when it comes to choosing a child care provider, are parents seeing the full picture online?

Losing a child is any parent's worst nightmare, especially when the child's death is at the expense of the highly trusted caregiver's lack of accountability. No parent wants to receive that devastating emergency phone call, letting them know that their child has been rushed to the hospital, only to get there and be greeted by a Chaplain. Unfortunately, we see and hear about it too often from the alarming number of child care fatalities trickling through the news each day. Some of these stories involve accidental deaths, such as suffocation or drowning as a result of the caregiver leaving the child unattended. Others entail violent deaths, such a shaken baby fatality.

As a parent, choosing the best child care provider will probably be one of the most important decisions you'll have to make. Even though many states have launched online record systems on child care providers, they lack information on how child care is monitored. As a result, many parents have limited knowledge when it comes to child care providers.

According to Linda Smith, Executive Director of the National Association of Child Care Resource and Referral (NACCRRA), twenty-one states inspect home-based child care operations less than once a year or in some cases, not at all! What's even sadder is that a majority of states allow these home-based child-care providers to go without a license or even open up their business prior to having an inspector check the premises. Furthermore, about 17 states have posted their inspection reports online. The Commonwealth of Virginia's Department of Social Services for example, has been posting inspection records online since 2005. Parents can view inspections and complaints through the Commonwealth's online system. One of the cases reported involved children who were found restrained by snap belts and cords! The list of complaints also consists of unlocked medicine cabinets, missing baby gates, and caregivers who were found reading magazines or talking on their cell phones.

Similar to Virginia, parents living in the state of Indiana can also obtain information about inspections, complaints based on regulatory issues, and enforcement of licensed child care centers by visiting the state's online system. In the state of Maryland however, parents do not have online access to child care providers' records. Instead, they must write letters, requesting information about complaints and violations. For example, in Montgomery County, parents have to actually file a Freedom of Information Act (FOIA) request. In addition to Maryland, there are other states that have discretion on what information is revealed in each case and disclosure is carefully controlled.

As a parent, if your child is thought to be at risk, then you should have the right to be told. Thus, it is critical for the federal government to collaboratively work with state agencies in an effort to safeguard the nation's child care system by mandating state agencies to regulate child care facilities by performing more frequent inspections, enforcing stringent licensing standards, and providing an online system of public disclosure for parents. These protections will not only help reduce risks of accidental deaths, but more importantly, prevent the violent ones.

In order to have successful human services IT procurements, vendors and clients should take the time to establish a true partnership. Once there is a mutual understanding between vendors and their clients it is easier to reconcile any problems that may rise.

On May 1 to May 3, 2008, the American Bar Association (ABA) held the 3rd Annual State and Local Procurement Symposium regarding ground-breaking issues in state and local procurement throughout the United States. The speakers included attorneys, department leadership, and IT vendors who shared their perspective of human services IT procurements. While there was much discussion regarding the conflicts between state government and vendors, the speakers concluded that there are seven keys to having successful human services IT procurements.

These keys include:

• Communicating a clear vision with well defined goals for the project
• Creating quality RFPs in both content and process
• Establishing a solid contract
• Ensuring that the laws are applicable
• Understanding stakeholder involvement and management
• Establishing strong project governance
• Creating a true partnership between the state and the vendor

Though the speakers had different views and opinions of the procurement process, each concluded that the most important element in having successful human services IT procurements is true partnership between the state and the vendor. In addition, vendors must understand and work within the government environment. Many entities have workers who may have been working on the legacy systems for twenty years. Therefore, it is important to build relationships as the process of preparing and implementing the new systems begins. The same is true for the state. The state must understand the pressures of other entities on the vendors. The state cannot complete the projects without the vendors; therefore, it is essential that the vendors have their full support during the project.

If the state and vendors form a relationship, it is easier to deal with other areas that may be lacking. On the other hand, if a relationship is not established it will be difficult to resolve any issues that may rise.

According to recent numbers from the Bureau of Labor Statistics, U.S. governments added close to 77,000 jobs in the first quarter of 2008. The Federal government accounted for 13,800 of those and State and Local governments added 63,000. These new jobs arrived in spite of our country's current economic downturn and a time when spending growth in most states is slowing to a crawl and in some states major deficits are here or on their way.

Perhaps because of the incongruence of these jobs and the setting they have entered, they bring with them a sign of hope. Will state and local governments be the shoulder to lean on during this hopefully brief economic event? The increase in jobs in state and local governments can partially be attributed to the heightened demand for services due to steady population growth. Local governments are heavy on services that often increase in demand as economic times are tougher. This coupled with the much feared mass retirement of baby boomers is leading State and Locals to staff-up. While the new jobs are clearly a positive in the short-term, it is unrealistic to expect sustained growth in the government workforce.

A more realistic expectation for the State and Local workforce, especially in the context of IT workers, is continued moderate growth, the delayed or part-time retirement of Baby Boomers, and an increase in recruitment efforts to attract world-class employees.

This new workforce, along with the citizenry they represent, will demand modern processes and tools to carry out their jobs and to interact with their government. This will drive IT innovation around continued adoption of business management and business process best practices and will be one of the keys to allowing State and Local governments to transition and adapt in a time that may turn in to the largest re-invention of government service delivery.

States need direction on how to obtain and use IT dollars to innovate and develop health IT within their Medicaid programs. According to Rick Friedman, the money is out there but "the real challenge is to find it."

During Government Health IT's recent eSeminar "Medicaid's Health IT Makeover", Rick Friedman, Director of the Division of State Systems within Centers of Medicare and Medicaid Services (CMS), spoke on how they are working to incorporate new health IT systems and practices into Medicaid's business systems. Just to provide some context, total Medicaid spending in 2007 was over $300 billion dollars of which 11 percent was spent on administrative overhead costs. Friedman reported that Medicaid IT spending across the country totals around $1.5 to $2 billion a year. This is less than one percent of the total Medicaid spending. The chief IT investment is the states' claims processing systems, called the Medicaid Management Information System (MMIS).

The ultimate goal, according to Friedman, is to transform Medicaid's outlook from one characterized by departmental silos to one based on interoperability and health care outcomes. The future vision is that medical information will follow the consumer, which is very difficult to do with today's claims processing system because of the way they were originally built. The states customized their own systems for processing capabilities, but now the current models do not easily share information with their own sister agencies or with other states.

Enter the Medicaid Information Technology Architecture (MITA), a web-based, patient centric, interoperable system framework that is based on industry IT standards. Friedman compared MITA to claims processing as "what we've had in the past on steroids". But he was also quick to point out that MITA is based on state input, not the Feds trying to figure it out and push it down to the states. Friedman said their objective it to make sure to adopt data and industry standards, and try to build things that can be reused as components in other places. Friedman likened MITA to a Tinkertoy set; the classic construction toy that comes with spools, rods and connectors. He described the Tinkertoy framework as one in which the pieces are built by certain standards but you can take two boxes, mix up the pieces and build something to meet your unique needs. Someone else could take the remaining pieces and build something completely different. Each built something that met their individual needs but used standard pieces to make it work. Finally, if we want to combine the two separate creations, we can still use additional Tinkertoy pieces to connect it.

So where are they in terms of developing the new architecture? Friedman said the business architecture is largely completed, the technical architecture is about third of the way done, and they are getting started on the information architecture. Freidman suspects it will take longer than the next administration for this IT transformation to take place, anywhere from five to ten years. Funding concerns are evident from the multiple questions raised by the audience about whether we can expect to see another round of Medicaid Transformation Grants (depends on Congress) or if the Federal 90/10 technology matches or the 75/25 administrative funding apply to acquiring EHRs in state facilities that treat Medicaid patients (it does not). Friedman said the mission should be to sustain the Medicaid transformation projects once the grant funds dry up and to use the MMIS dollars where appropriate to support efforts toward MITA and e-health. He affirmed that "there is a way to do this. You gotta have some faith, but there is some money and ways to pull this off. The real challenge is to find it."

This year's Presidential race has been interesting in terms of technology. Technology plays a much bigger role in the candidates' agendas, from healthcare to government performance and spending. However, there seems to be a technology literacy gap between the Democratic and Republican candidates. Senator Clinton and Senator Obama have well-defined technology agendas, while Senator McCain leaves hints and clues for the IT community like a scavenger hunt.

While the age differences may play a role in the tech-savviness of the candidates (insert McCain joke here), it doesn't hurt to keep an eye on the individuals whispering sweet technology nothings into the candidates' ears.

Obama Technology Advisor: Julius Genochowski

Background:

Quote:"If we don't get technology policy right in the next administration, we won't make the progress we need." (Government Computer News, 1/30/08)

Also keep an eye on: Alec Ross, Science and Technology Advisor and Exec. VP for One Economy Corporation

Clinton Technology Advisor: Thomas Kalil

Background:

Quote:"The current administration has the same relationship with advisory committees that exists between a drunk and a lamppost. That is, it's used for support rather than illumination." (American Association for the Advancement of Science Annual Meeting, 2/16/08)

Also keep an eye on: Henry Kelly, Science and Technology Advisor and President of the Federation of American Scientists

McCainTechnology Advisor: John Chambers

Background:

Quote:"What we would hope to see in the next president, be they Republican or Democrat, is somebody that really understands how to use technology to address growth opportunities, job creation, more economic stability, productivity which translates into standard of living, and giving this opportunity to more and more people." (ChannelWeb, 4/11/2008)

Also keep an eye on: Carly Fiorina, former HP CEO; Doug Holtz-Eakin, Economic Advisor and former director of the Congressional Budget Office; Steve Ballmer, Microsoft's CEO; Fred Smith, FedEx's CEO

Recently one of INPUT's Homeland Security analysts appeared on Homeland Security Television in a segment entitled, "Ghosts in the Machine," hosted by Dan Verton. The program discussed the issues surrounding true interoperable public safety communications and predicted the more than 100,000 emergency response organizations across the U.S. would not achieve true interoperability until 2023, almost two decades after 9/11. A lack of standards, federal leadership, intergovernmental cooperation and political will have been blamed, though some improvements have been made.

While technology may be the easy part of the puzzle, it is still important. INPUT forecasted last year that state and local governments will spend over $5.5 billion on public safety interoperable communication between 2007 and 2012. In fact, INPUT is tracking nearly 200 pre-solicitation public safety communications opportunities valued at over $3.4 billion and most of them include some federal funding from various grant programs described below:

Homeland Security Grant Program (HSGP)

State applications for the Homeland Security Grant Program (HSGP) were due last week. This year HSGP includes four interconnected grants and will distribute over $1.6 million in funding for emergency preparedness and response:

Any portion of HSGP that allows equipment purchases in the purpose of the grant may fund equipment in 21 categories on the Authorized Equipment List (AEL), including interoperable communications equipment of the following types:

• Digital cell phones
• Data and messaging services
• Satellite phones
• Satellite data services
• Priority services
• Land-mobile radios and bases
• Bridging, patching, gateways and other related equipment
• Other land-mobile radio equipment
• Wide area networks
• Wire-line communications
• Communications security (COMSEC) support equipment

There are several other grant programs that may be used to fund interoperable communications:

Interoperable Communications Equipment Grant

HB 1, Implementing the Recommendations of the 9/11 Commission, authorized and the Consolidated Appropriations Resolution appropriated funds for the creation of a new grant program dedicated solely to interoperable public safety communications. The objective of the new grant program is to fund demonstration projects that explore the use of equipment and technology to increase interoperability among fire service, law enforcement, and emergency medical service personnel. The grant guidance for 2008 indicates federal funds may be used for planning and management activities, equipment acquisitions and training and exercises and provides detailed functional requirements for the eligible communications equipment and technologies. Like the one-time only Public Safety Interoperable Communications (PSIC) grant, applicants must have submitted a statewide communications interoperability plan to the Department of Homeland Security (DHS).

Commercial Equipment Direct Assistance Program (CEDAP)

This grant program provides federal assistance to enhance regional response capabilities and interoperable communications by providing technology and equipment to public safety agencies in smaller jurisdictions. CEDAP awards are not monetary as DHS provides the equipment or technical assistance directly to the recipient. DHS anticipates the application process for 2008 will begin sometime this month. Interoperable communications vendors will want to monitor the types of equipment governments receive through this assistance program as those jurisdictions will be prospects for additional equipment and services as they continue down the path of true interoperability.

Assistance to Firefighters (AFG)

The AFG program and application guidance for 2008 was released in February. $560 million is available this federal fiscal year and awards will be made in several rounds throughout the year. AFG funds may be used for regional projects designed to facilitate interoperable communications and efficiency among the participating governments.

Edward Byrne Memorial Justice Assistance Grant (JAG) Program

The JAG program is managed by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice (DOJ). JAG funds support all components of the criminal justice system including law enforcement, prosecution and courts, prevention and education, corrections, drug treatment and enforcement, crime victim and witness programs, and technology improvement. It is a formula grant program and 40% of the funds must be directed to local units of government. Applications were due to DOJ in January, but 2008 award announcements have not yet been made.

Community-Oriented Policing Services (COPS)

The Consolidated Appropriations Resolution provided over $320 million for several priorities covered under COPS. In 2008, over $205 million will be available for law enforcement technology, which can be used for public safety interoperable communications. The request for applications has not yet been released for this portion of the program. However, the Tribal Resources Grant Program (TRGP) grant guidance was released last month. Applications are due on June 13, 2008. All Indian tribes that are federally recognized by the Bureau of Indian Affairs (BIA) that have police departments are eligible. $15 million is available this year under this comprehensive program that funds officer background investigations, law enforcement training, uniforms, basic issue equipment (such as radios), department-wide technology and vehicles.

Communications Technology (CommTech)

The Communications Technology grant program is managed by the National Institute of Justice. Applications for 2008 grant funds were due last November. Awardees will research develop and evaluate emerging communication technology solutions for criminal justice agenices. The areas of interest are: 1) cellular detection, location, isolation and defeat, 2) locator technologies for personnel and equipment assets, 3) software defined radio (SDR) technology, 4) cognitive radio technology, 5) in-building communications coverage technologies, 6) alternative technologies for interconnection of repeater sites for voice that also enable wireless data services, 7) non terrestrial technologies (satellite and airborne), and 8) mobile hybrid technology for wireless broadband data. Over $54 million was distributed under this program in federal fiscal year 2007.

For more details on the federal grants which may be used to fund interoperable communications acquisitions, state public safety communications governance, state and local program offices and links to statewide communications plans and roadmaps, check out INPUT's Homeland Security or Justice/Public Safety Vertical Profiles.

While the United Kingdom increased the number of CCTV units across the country drastically, crime did not decrease nearly as much as the Police had hoped. This begs the question: Are CCTV systems worth the money and the added personnel needed to monitor them?

The UK will be implementing new aspects to their already extensive network in order to create a database of images taken from live feeds which can then be taken to identify offenders. Images of individuals suspected of crimes will be uploaded to an online directory, allowing those with an internet connection to identify possible criminals with ease. These types of upgrades are essential if the Police expect the CCTV network to function as a means of catching criminals.

Another major issue with the UK CCTV network, that may be something to consider for United States' CCTV systems, is the use of these images in a court of law. Initially the cameras were seen as a preventative measure, but the Police must go a step further and use these images in court. Training of additional officers to use the new equipment is a daunting task, and some officers may see the new technology as unnecessary. As new technologies replace old systems in the United States, training is a very important issue and one which requires acceptance on the part of the Police and willingness to conduct the training by the supplying vendors.

Further development of new software to use and make the images captured discernable will effectively make a CCTV network more useful and increase the likelihood of catching criminals. Additional use of biometric technologies and large databases shared among various departments will likely be seen in the near future. As these technologies are perfected, they will become an integral part of the CCTV systems and networks. The United Kingdom's implementation of thousands of CCTV units serves as a case study for the United States and will enable state and local governments to see what systems work and what systems have failed. As more localities seek these systems, vendors can be on call, ready to provide systems that fit the needs of the locality and basing some decisions on the British model will be unavoidable.

Overall, CCTV networks are essential to crime prevention, but as these networks become common place in the United States, there will be many obstacles in implementation. Often times, localities view CCTV systems as intrusive and unnecessary. While small scale CCTV networks may have limited capacity to catch criminals, increasing the network size and determining ways to establish databases that connect cities, counties and even states will make them worthwhile in the long run.

While the trials and travails of the Gibbons marriage may titillate and actually have some legal implications for the governor, Nevada's Jim Gibbons is moving forward on many of his government efficiency and transparency initiatives.

The Nevada press has been full of stories of Jim Gibbons moving out of the governor's mansion to the couple's home in Reno while the first lady, Dawn Gibbons, remains ensconced in the mansion. The Las Vegas Review-Journal reports this may actually be illegal as state law requires governors must "reside at the seat of government." During the turmoil, Gibbons has managed to move forward on government efficiency and transparency.

The governor recently announced the creation of the Nevada Spending and Government Efficiency (SAGE) Commission, which will be tasked with identifying ways the state can streamline its operations, maximize the use taxpayers dollars and improve customer service. An Executive Order formalizing the commission will be signed on May 7.

Last month, by Executive Order, Gibbons required the Department of Administration to "develop the Nevada Open Government Initiative as a free Internet portal allowing citizens to review state financial records to the fullest extent possible by law." The website will include a searchable database of budget information, expenditures, contracts and grants. Since the issuance of the Executive Order, the Nevada Open Government website has launched. It is a work in progress but currently includes the Nevada Report to Taxpayers and state purchasing contracts. Observant people will notice the site currently includes a link to an INPUT B2G Exchange blog post on transparency.