Thursday, May 27, 2010

Report faults Texas treatment of mentally disabled

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By JEFF CARLTON Associated Press Writer © 2010 The Associated Press

May 27, 2010, 4:17PM

AUSTIN, Texas — A mentally disabled man with feces on his hands and legs was found shoeless and pantless wandering through a field in 14-degree weather. Officials say overwhelmed staffers at the state institution where he lived were occupied with other assignments.

A report released Thursday examining conditions at the Lubbock State Supported Living Center found more problems with a state-run facility a year after Texas lawmakers agreed to spend $112 million to improve conditions under threat of a Justice Department lawsuit. The federal government had documented widespread mistreatment of the mentally disabled in Texas.

Among the problems cited by independent monitors at the Lubbock facility was a critical shortage of nurses, resulting in significant medication errors. The facility has 50 vacancies in its nursing department, which is budgeted for 105 employees.

The report also says the Lubbock center has a 60 percent annual turnover rate among employees who directly care for the mentally disabled. Low wages make it difficult to find loyal employees, officials acknowledged. Staffers who work directly with mentally disabled residents make about $22,400 a year in Lubbock.

"This is not easy work, and the pay is not extraordinarily high," said Chris Traylor, commissioner of the state agency that oversees Texas' 13 institutions. "In order for staff to be retained in this work, you have to have a heart for what you are doing."

At least 13 workers have been fired since July for the abuse, neglect or exploitation of residents, according to the report. A member of the monitoring team called the abuse hot line to report neglect of a female resident who appeared to need help. When taken to the hospital, she was diagnosed with a urinary tract infection, an infection in her mouth and pneumonia.

The monitoring team criticized the school for having six workers caring for 20 residents, "all of whom were totally dependent on staff for every activity of daily living."

Medical record keeping was another problem. In one case, a Feb. 24 abdominal x-ray of a resident showed a coin in the lower intestine, but it was not in the resident's medical record and went unreported to the medical team until March 17.

Other problems include grouping too many residents with behavioral issues together, creating tired workers by forcing them to work mandatory overtime, high levels of aggressive incidents among residents and significant underreporting of medication errors.

The report was not entirely negative. It praised the Lubbock facility for its staff's knowledge on reporting abuse and neglect and efforts to serve residents in an integrated setting. It also said communication between medical departments was impressive.

The report was based on monitoring done during a one-week period in mid-March.

The monitors were permitted in the facility as part of an agreement with the Justice Department. It resulted from a series of federal investigations that found that at least 53 deaths from September 2007 to September 2008 were from conditions considered preventable, such as pneumonia, bowel obstructions or sepsis, indicating lapses in proper care.

The Lubbock report and others across the state are considered baseline reports. The institutions will be inspected every six months beginning in July to make sure they are in compliance with the Justice Department settlement. Texas has until the end of 2013 to bring their facilities into compliance.

"It does instill us with a sense of urgency," Traylor said. "We are focused on long-term improvements that will last long after the settlement agreement is concluded."

The 13 institutions are home to about 4,300 residents with significant intellectual and developmental disabilities. The facilities employ nearly 13,000 people.

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Associated Press writer Jim Vertuno contributed to this report.

Saturday, May 8, 2010

N.J. disabled, workers debate closing of five developmental facility

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By Susan K. Livio/Statehouse Bureau

May 07, 2010, 6:49PM

TRENTON — Anticipating action soon on a controversial bill that calls for closing five of the seven institutions for people with developmental disabilities, hundreds of families, disabled people and state and private workers today appeared before a special legislative panel to debate the future without these facilities.

Some who used to live in these institutions, also known as developmental centers, pleaded with legislators to allow more people to leave and lead more independent lives.

"I am happy living in the community, I have my own apartment, I have a cat, I have a boyfriend,'' said Adelaide Daskam of Plainfield, who left the North Jersey Training School 31 years ago. Like her, she said, "A lot of my brothers and sisters are glad they have their freedom.''


But there was equally emotional testimony from parents who argue their disabled children are safer and better cared for at the developmental centers, where employees are better compensated and trained and have established relationships with their clients.

Carol Mastropolo, president of the New Lisbon Developmental Center Family and Friends organization, said her son "loves'' where he has lived for the last 29 years.

"Some people are under the impression they languish in the developmental centers, but he is so busy, He goes to a workshop every day to make some money, he participates in the Special Olympics, he goes to basketball games, baseball games ... he is happy here,'' Mastropolo said of the facility, located in Burlington County.

Don Klein, executive vice president of Local 1040 Communications Workers of America, the union that represents many developmental center workers, warned lawmakers of "unscrupulous companies out there that if they do not turn a profit they leave and abandon clients.''

Experts say people with developmental disabilities - who often have serious medical and behavioral problems - need a continuum of care - group homes, supervised apartments and developmental centers.'

It is not clear when either the Assembly and Senate human services committees will hold formal hearings on the bill, (A1673/S811), calling for the closure of any developmental centers. But the chairs of both committees who held the four-hour meeting said they wanted input from the people who would be affected by the vote.

“This hearing is a tremendous starting point for everyone to work together to ensure every developmentally disabled person in New Jersey gets the services they need,'' Assembly Human Services Committee Chairman Valerie Vainieri Huttle (D-Bergen) "This is a difficult issue and one that won’t be easily solved, but it’s also one we must confront.''

Lowell Arye, executive director of the Alliance for the Betterment of Citizens with Disabilities, a lobbying and advocacy group for community home providers, said housing options outside of institutions are slim because the state has for too long pocketed the federal Medicaid reimbursement that comes from providing community housing. In fiscal year 2007, for instance, the state received $194 million in federal funds. Yet Treasury officials allowed only $50 million over three years to be used to support and expand community housing. "The other $144 million were used by the state for other purposes,'' he said.

Deborah Spitalnik, executive director of the Elizabeth Boggs Center on Developmental Disabilities, urged lawmakers to "consolidate and rebalance the system" by using the money saved by closing developmental centers to fund smaller community housing and providing more services to people living with their families. Some 70 percent of the people with disabilities like autism and mental retardation live in their family home, and get little in the way of services from the state.

"No one is disputing the needs of people in developmental centers, But there are people who have the same needs who are living with their families.'' Spitalnik added, noting that parents and siblings are getting up in the middle of the night to change diapers, or are using feeding tubes and ventilators to take care of their loved ones.

Sen. Joseph Vitale (D-Middlesex) vice-chairman of the Senate Health Human Services and Senior Citizens Committee, called the hearing "a great first step in creating an overdue dialogue on how to improve services for people with developmental disabilities.'' They "deserve our respect, and they deserve a level of care and support which is appropriate and meets their personal care needs,'' he said.