By JEFF CARLTON - Associated Press Writer - Tuesday, April 15, 2001
DALLAS -- More than 800 employees at Texas' 13 large facilities for the mentally and developmentally disabled have been suspended or fired for abusing patients since fiscal year 2004, state officials said Tuesday.
In response to an open records request from The Associated Press, the Department of Aging and Disability Services said that 239 employees were fired in fiscal year 2007 for the abuse, neglect or exploitation of residents.
There were 200 such disciplinary actions in 2006, 203 in 2005 and 180 in 2004, according to state records. The breakdown by school was unavailable. The 13 state schools and centers combined have about 12,000 full-time employees.
The revelations come a month after Gov. Rick Perry's office confirmed that the civil rights department at the U.S. Department of Justice is investigating allegations of abuse and neglect at the Denton State School, the state's largest with about 650 residents. It's at least the second such investigation into state facilities, including one at the Lubbock State School in 2006 that revealed widespread abuse.
An advocate for the mentally retarded called the number of employees disciplined "stunning."
"It indicates to me that there is clearly a culture of abuse or neglect in these facilities," said Jeff Garrison-Tate, president of San Antonio-based Community Now.
Texas has 13 large institutions, called state schools or centers, in which nearly 5,000 mentally retarded or mentally ill residents live full-time with round-the-clock care. That's about five times the national average. By comparison, New York and California combined have about 4,600 residents living in 17 institutions, according to data compiled by United Cerebral Palsy.
State records show more than 450 incidents of verified abuse or neglect in fiscal year 2007, a year in which the Texas Department of Family and Protective Services investigated nearly 3,500 allegations at state schools. About 51 percent of the confirmed incidents involved neglect, 31 percent involved physical abuse and 16 percent involved emotional or verbal abuse. Less than one percent of the cases involved sexual abuse.
State officials also acknowledge at least three state school residents have died since 2002 in which abuse or neglect by caretakers was a factor.
Laura Albrecht, a spokeswoman for the Aging and Disability Services office, said the firings and suspensions reflect the state's "strict policy" on abuse and neglect.
"We have gotten even tougher," Albrecht said. "Our employees go through training to recognize abuse and neglect and to report any incidents."
Perry told The AP that the suspensions and firings indicate that state schools are trying to rid themselves of bad employees.
"What I make of it is that the agency is doing its job," Perry said. "If there are individuals who have broken those parameters of employment, they need to be removed, they need to be fired, need to be dealt with."
The Denton facility, where a notorious abuse case occurred in 2002, underwent its most recent comprehensive inspection last April. The school was cited 25 times for failing to meet federal standards.
Citations included:
- Failure to "ensure clients' rights were protected, including the right to be free from abuse, neglect and mistreatment."
- Failure to "have or to use policies and procedures that prohibit mistreatment, neglect or abuse of clients."
- Failure to "have evidence to show that all allegations of abuse, neglect, or mistreatment were thoroughly investigated.
A more recent inspection in January found that the Denton State School "failed to educate direct care staff on basic first aid, health, and emergency needs."
Perry was notified in March that the Justice Department was investigating the Denton school, said Perry spokeswoman Allison Castle. The notification letter, obtained by The AP, said the investigation "will focus on protection of residents from harm; medical and nursing care; habilitation and treatment; and the failure to place residents in the most integrated setting as required by the Americans with Disabilities Act ... ."
"We certainly welcome their findings and the governor wants to ensure all residents of state schools receive the highest quality care," Castle said.
State Rep. John Zerwas, a member of a legislative committee studying state schools, said lawmakers need to look into allegations of abuse coming from the institutions.
"If the state is going to assume some of the responsibility for the ongoing care for these individuals then we have to make sure they be provided the highest quality and the greatest safety," said Zerwas, R-Richmond.
Garrison-Tate said he has personally witnessed incidents of abuse and suspects only the most egregious cases result in firings and suspensions.
"The bottom line is people are getting really injured, and they are not safe," he said.
---
Associated Press reporter Kelley Shannon in Austin contributed to this story.
Read more in the Fort Worth Star Telegram
Showing posts with label abuse. Show all posts
Showing posts with label abuse. Show all posts
Tuesday, April 15, 2008
Monday, October 15, 2007
Lawmakers seeking stricter caregiver rules
By DARREN BARBEE - Star-Telegram staff writer - Oct. 14, 2007
Nurse aides let back into jobs despite ban
A state senator says she wants to improve the background screening of nurse aides and other caregivers after gaps that allow criminals to work in nursing homes were identified in a recent Star-Telegram report.
Advocates for nursing home residents and the industry also expressed concern that some workers banned by the Texas Department of Aging and Disability Services for abuse, neglect and theft have been certified as nurse aides by the same department. Some found new jobs caring for the elderly and disabled. Sen. Judith Zaffirini, D-Laredo, said she was troubled to learn that crimes barring employment in nursing homes, such as murder and rape, don't prevent aides from being recertified. Aides and other such workers give the vast majority of care at nursing homes and also work at doctors' offices and hospitals.
Zaffirini, who created key legislation in 1999 designed to bar abusive but unlicensed workers from nursing homes, said her staff is drafting legislation to prevent criminals from being certified. She also wants to deal with workers banned for abuse who are recertified.
"We believed they were being barred from being recertified as a nurse aide. ... That's an aspect of the problem that [the newspaper] pointed out, and we have to go back and address," said Zaffirini, a member and former chairwoman of the state Senate Committee on Health and Human Services.
The senator said she is also considering a bill that would require workers to be rescreened annually. Currently, homes check criminal history just once, before workers or aides are hired. That can allow subsequent convictions to go undetected. For instance, a McAllen aide passed his pre-employment check but later pleaded guilty to indecent exposure. His employers uncovered the conviction only after he was accused of molesting a nursing home resident. The aide denied doing anything wrong, according to state documents.
Tim Graves, president of the Texas Health Care Association, said he supports a periodic recheck of employees' criminal histories. But such checks could financially burden homes, which often operate on tight budgets. Texas ranks 45th out of the 50 states in Medicaid funding for nursing home care, according to the association, which represents long-term-care facilities and professionals.
Graves said the newspaper report also showed problems in the oversight of long-term-care workers. In one case, a worker was banned for failing to perform CPR on a resident who later died. The state recertified her as a nurse aide, and she found another job. She was fired only after the Star-Telegram asked a Plano home about her status.
Sen. Jane Nelson, R-Lewisville, had asked officials to review policies on criminal-background checks across health and human services agencies, her spokesman said. Nelson, leader of the Health and Human Services committee, was unavailable for an interview.
Nelson said in a statement that nurse aides with serious criminal records should not have access to the frail and elderly. In the past session, Nelson authored a bill that added new criminal offenses, such as indecent exposure and cruelty to animals, to those that bar long-term-care workers from employment in state-regulated facilities. But workers won't be rescreened for the new convictions, the department said.
Checking out workers
The Texas Department of Aging and Disability Services provides an online database that allows a search for workers, nurse aides, administrators and others who have been designated as unemployable. Because Texas has more than 118,000 active certified nurse aides, verifying the status of a nurse aide or worker, especially one with a common name, can be difficult without a Social Security number. If you suspect an aide shouldn't be working, bring concerns to the attention of the nursing home or the department at 1-800-458-9858. To perform a search, go to www.dads.state.tx.us/providers/nf/credentialing/sanctions
Checking out nursing homes
The department also maintains basic inspection information about nursing homes online. Additionally, nursing homes must make their most recent inspection reports public. The surveyor's notes can sometimes provide insight into how well residents are treated and how clean things are kept. To look up a home, go to facilityquality.dads.state.tx.us
Read more in the Fort Worth Star Telegram.
Nurse aides let back into jobs despite ban
A state senator says she wants to improve the background screening of nurse aides and other caregivers after gaps that allow criminals to work in nursing homes were identified in a recent Star-Telegram report.
Advocates for nursing home residents and the industry also expressed concern that some workers banned by the Texas Department of Aging and Disability Services for abuse, neglect and theft have been certified as nurse aides by the same department. Some found new jobs caring for the elderly and disabled. Sen. Judith Zaffirini, D-Laredo, said she was troubled to learn that crimes barring employment in nursing homes, such as murder and rape, don't prevent aides from being recertified. Aides and other such workers give the vast majority of care at nursing homes and also work at doctors' offices and hospitals.
Zaffirini, who created key legislation in 1999 designed to bar abusive but unlicensed workers from nursing homes, said her staff is drafting legislation to prevent criminals from being certified. She also wants to deal with workers banned for abuse who are recertified.
"We believed they were being barred from being recertified as a nurse aide. ... That's an aspect of the problem that [the newspaper] pointed out, and we have to go back and address," said Zaffirini, a member and former chairwoman of the state Senate Committee on Health and Human Services.
The senator said she is also considering a bill that would require workers to be rescreened annually. Currently, homes check criminal history just once, before workers or aides are hired. That can allow subsequent convictions to go undetected. For instance, a McAllen aide passed his pre-employment check but later pleaded guilty to indecent exposure. His employers uncovered the conviction only after he was accused of molesting a nursing home resident. The aide denied doing anything wrong, according to state documents.
Tim Graves, president of the Texas Health Care Association, said he supports a periodic recheck of employees' criminal histories. But such checks could financially burden homes, which often operate on tight budgets. Texas ranks 45th out of the 50 states in Medicaid funding for nursing home care, according to the association, which represents long-term-care facilities and professionals.
Graves said the newspaper report also showed problems in the oversight of long-term-care workers. In one case, a worker was banned for failing to perform CPR on a resident who later died. The state recertified her as a nurse aide, and she found another job. She was fired only after the Star-Telegram asked a Plano home about her status.
Sen. Jane Nelson, R-Lewisville, had asked officials to review policies on criminal-background checks across health and human services agencies, her spokesman said. Nelson, leader of the Health and Human Services committee, was unavailable for an interview.
Nelson said in a statement that nurse aides with serious criminal records should not have access to the frail and elderly. In the past session, Nelson authored a bill that added new criminal offenses, such as indecent exposure and cruelty to animals, to those that bar long-term-care workers from employment in state-regulated facilities. But workers won't be rescreened for the new convictions, the department said.
Checking out workers
The Texas Department of Aging and Disability Services provides an online database that allows a search for workers, nurse aides, administrators and others who have been designated as unemployable. Because Texas has more than 118,000 active certified nurse aides, verifying the status of a nurse aide or worker, especially one with a common name, can be difficult without a Social Security number. If you suspect an aide shouldn't be working, bring concerns to the attention of the nursing home or the department at 1-800-458-9858. To perform a search, go to www.dads.state.tx.us/providers/nf/credentialing/sanctions
Checking out nursing homes
The department also maintains basic inspection information about nursing homes online. Additionally, nursing homes must make their most recent inspection reports public. The surveyor's notes can sometimes provide insight into how well residents are treated and how clean things are kept. To look up a home, go to facilityquality.dads.state.tx.us
Read more in the Fort Worth Star Telegram.
Subscribe to:
Posts (Atom)
