Inclusion Daily Express -- Legislature Authorizes Panel To Look Into Ongoing Problems At Institution

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Legislature Authorizes Panel To Look Into Ongoing Problems At Institution
By Dave Reynolds, Inclusion Daily Express
April 9, 2008

LINCOLN, NEBRASKA--State lawmakers passed a resolution Tuesday calling for an investigation into conditions for residents at Beatrice State Developmental Center.

The measure passed on a vote of 43-0.

It establishes a Developmental Disabilities Special Investigative Committee, which will include a number of state Senators that will have the power to hire attorneys and investigators. The panel will also have the authority to issue subpoenas to force people to testify, if necessary.

The legislators want to find out why conditions have deteriorated for the 300 adults and children with intellectual and other disabilities that are housed at the state-run institution.

"This should not be a pussyfooting committee," said State Senator Ernie Chambers of Omaha.

The facility has been at risk of losing federal Medicaid money on and off for nearly two years because of allegations of abuse, neglect, and lack of adequate supervision.

Nebraska Advocacy Services, the state's protection and advocacy system reported in December that in the first nine months of last year 86 of 220 allegations of abuse at BSDC were substantiated. Those included twenty-two cases in which residents were found to have suffered broken bones.

That same week, the US Centers for Medicare and Medicaid Services notified Nebraska officials that the federal government would withhold more than $28 million from the state if conditions at the facility were not improved by the end of February.

When federal inspectors revisited last month, they found four violations related to the health and safety of residents, and three situations that presented immediate risk to residents.

In a March 7 report, the U.S. Department of Justice cited numerous examples of -- among other things -- abuse, neglect, overuse of restraints, documentation problems, poor medical care, and lack of follow-through when problems were found.

Justice officials also found that, even though 90 percent of the residents had interdisciplinary team recommendations that they be allowed to move into the community, the state had only moved two people out between January and October 2007.

The Department warned that the U.S. Attorney General could sue the state if the problems are not corrected in a timely manner.

State officials have blamed the problems at BSDC on high turnover. More than half of new employees do not stay for a full year, one official said.

The Omaha World-Herald reported that state officials have developed an action plan that includes moving one-third of BSDC residents into the community or other settings by the end of this year, while hiring and training temporary workers at the facility.

Related:
"Nebraska lawmakers authorize investigation of Beatrice center" (Omaha World-Herald)
CRIPA Investigation of the Beatrice State Developmental Center (U.S. Department of Justice)

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