Senators take on Beatrice center issues
BY NANCY HICKS / Lincoln Journal Star
After 17 months of investigations and inspections, of critical report after critical report showing problems with staffing and safety at the Beatrice State Developmental Center, state senators decided it was time the Legislature got more directly involved in finding solutions.
Republicans and Democrats talked Thursday about the problems identified by federal inspections at Beatrice and approved three Beatrice-related measures as part of the main budget bill, which gained second-round approval.
Senators will provide money for employee recruiting and retention efforts, create an investigative committee of seven senators to look at the center and the community programs that serve people with disabilities, and require reports as Beatrice residents move into community programs.
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* The Legislature will provide $1.5 million in federal funds that the Health and Human Services Department can use for strategies - including bonuses - to retain and recruit employees at Beatrice State Developmental Center. (Offered by Sen. Kent Rogert of Tekamah)
* The Legislature will require quarterly reports as Beatrice residents are moved into community programs. The reports will include the criteria used to identify clients to be moved and the plans to monitor that placement. HHS leaders say they will be transferring about 100 of the 300 Beatrice center residents into community programs by the beginning of the year. (Offered by Appropriations Committee Chairman Lavon Heidemann)
* The Legislature will create a seven-member legislative committee, with subpoena power, to investigate care and staffing issues at BSDC and placement and quality of care for people with developmental disabilities who are served in the community programs across the state. (Offered by Sen. Mike Flood of Norfolk)
“The Legislature came together when necessary” to find a direction “in the absence of solutions by the department and the administration,” Lincoln Sen. Danielle Nantkes said.
The three measures provide short-term oversight plus a broader, longer-term look at both community-based and institutional care for people with developmental disabilities in Nebraska.
The three measures grew out of discussions during the past two weeks after two critical federal reports were released.
Senators read from the latest report, a Justice Department investigation, which indicated that if the problems aren’t solved the federal government could file a lawsuit against the state.
“It will make you sick,” Omaha Sen. Steve Lathrop said of the Justice Department investigation detailing some of the physical and verbal abuse reported at the center, such as using demeaning names and serious physical injuries, including broken bones and deep cuts.
Many of the problems are linked to staffing difficulties, senators pointed out. “It is very clear that there is a relationship between what is going on at BSDC and the low pay and mandatory overtime” for employees, Lathrop said.
The report describes a workforce “wrought with exhaustion and discontent,” he pointed out.
“Employees have been treated more like indentured servants than respected employees,” Omaha Sen. Gwen Howard said.
Though HHS has not used bonuses in the past, Chris Peterson, chief executive officer, said the agency is looking at other states and private companies for effective and fair ways to use bonuses at BSDC.
One senator after another stood to support fixing the problems at Beatrice.
“This is embarrassing to the state. We need to have the courage to stand up and say it’s time to fix it,” Sen. John Harms of Scottsbluff said.
“We have a moral imperative to fix this. It is shameful and it must not continue,” Lincoln Sen. Bill Avery said.
But at the same time, the state must make careful plans for moving clients into community programs, senators said. “We won’t be doing any of these people any favor if we transfer them to another restrictive setting,” Lincoln Sen. DiAnna Schimek said.
Senators also pointed to the low pay for employees in community-based programs and the long list of people — more than 1,500 —with disabilities waiting at home to get community services.
The reports are shocking and troubling, said Speaker Mike Flood of Norfolk, sponsor of the measure creating the special investigative committee. “And this is definitely worth our attention.”
“It is time for the Legislature to take ownership in this problem, not simply throw stones,” Flood said. “We do have a role in determining what is the best role for BSDC.”
The Legislature will be working as an “independent and co-equal” partner to help resolve the problems, Flood said.
Several senators pointed out that providing good services for people now at Beatrice may cost the state more money. But Sen. Tom Carlson of Holdrege said he didn’t mind being “labeled as a spender as long as we are doing the right thing.”
Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.

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